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How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?

solissolis Posts: 2Member Connected
edited February 2018 in Universal Credit
How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?  This is fundamental to the survival of those of us who are extremely disabled and mainly housebound needing help.  Surely it is illegal to strip away so much from what is already a necessary support.  Can this be taken to court?

Replies

  • radiomanradioman Posts: 5Member Connected
    Its called shafting the people !
  • radiomanradioman Posts: 5Member Connected
    It must be illegal surely????

  • steve51steve51 Posts: 5,626Community champion Disability Gamechanger
    Hi @solis

    Yes I think it is called “S!!!!!!!! on us all” 

    “NO” the “Government & DWP” do as they “Please”

    Please please let me know if I can help you in anyway???
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    solis said:
    How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?  This is fundamental to the survival of those of us who are extremely disabled and mainly housebound needing help.  Surely it is illegal to strip away so much from what is already a necessary support.  Can this be taken to court?
    When the transition to UC starts for those already claiming a legacy benefit like ESA there will be a paymant protection in place so they are NOT worse off under UC. This payment proctection hasn't started yet. If a person has a change of circumstances now and has to move to universal credit and they were claiming the premiums, then yes they will be worse off.
  • solissolis Posts: 2Member Connected
    Many, many thanks to you all for your comments, they are much appreciated.  These are dark times for we disabled, sick and elderly and it heartens me to discover so many who are aware and care.  Poppy, I am praying you are correct and I don't lose my SDP or I shall not survive.  Pax Vobiscum.
  • emmaelizabeth123emmaelizabeth123 Posts: 9Member Listener
    Is going to college part a change of circumstance
  • emmaelizabeth123emmaelizabeth123 Posts: 9Member Listener
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    Students and benefits are very complicated. If you're receiving Income related ESA then any loans or grants will be counted as income and affect any means tested benefits. If you're attending college or thinking of attending, then yes you do need to tell ESA.

  • kaza814kaza814 Posts: 7Member Listener
    Unfortunately not true. I was on severe disability premium and lost all when moved to UC. Told it doesn't exist on UC and was told I would need a medical as nothing is transferred over. I'm now down about £300 a month. They posted my letter for medical on the 13th my appointment was the next day so I didn't know about but and I have been sanctioned for not attending
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    kaza814 said:
    Unfortunately not true. I was on severe disability premium and lost all when moved to UC. Told it doesn't exist on UC and was told I would need a medical as nothing is transferred over. I'm now down about £300 a month. They posted my letter for medical on the 13th my appointment was the next day so I didn't know about but and I have been sanctioned for not attending
    Yes the disability premiums don't exist on UC. There will be a transitional protection payment in place for when the managed migrations start but that hasn't happened yet. When it does then those transferring across won't be any worse off.
    There will also be an announcement made in the near future that for all those that were claiming SDP and had to move to UC because of a change of circumstances will be backdated money but no further announcements have been made since June 2018.
    When you were claiming ESA, if you were in one of the groups when you moved to UC then DWP should have honour your ESA award and placed you into the relevant group for UC, as they haven't then you should put a note onto your UC account and tell them which group you were in when claiming ESA.
  • kaza814kaza814 Posts: 7Member Listener
    I have already done this and they have said it does not matter UC is a completely different benefit that's just the way it works
  • blueboy87blueboy87 Posts: 68Member Courageous
    [email protected] DWP has its own law but people fight their corner and a majority win good luck 
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    kaza814 said:
    I have already done this and they have said it does not matter UC is a completely different benefit that's just the way it works
    This is not correct DWP should honour your ESA award. If i find a link i'll post it.
  • aylasnanaylasnan Posts: 22Member Connected
    If I apply now for UC will I lose the SDP? I have the chance to move but its a full UC area. Im hoping as its october 2018 they will not penalise me since thats what the June legaslation said isnt it? I think it implies no one will be made to go on UC until transition period but I have to agree to a new tenancy this Monday coming and they insist I apply for UC. Please help Im so anxious. Ive been waiting years for the right home but may have to turn it down if my money will be dropped.
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    aylasnan said:
    If I apply now for UC will I lose the SDP? I have the chance to move but its a full UC area. Im hoping as its october 2018 they will not penalise me since thats what the June legaslation said isnt it? I think it implies no one will be made to go on UC until transition period but I have to agree to a new tenancy this Monday coming and they insist I apply for UC. Please help Im so anxious. Ive been waiting years for the right home but may have to turn it down if my money will be dropped.
    Hi,
    Yes, you will lose your SDP because the changes haven't taken place yet. Further announcements have yet to be made since the June announcement.
  • aylasnanaylasnan Posts: 22Member Connected
  • jude1967jude1967 Posts: 35Member Connected
    Does anyone no wen it's got a date for it to be passed now it's suppose to be put forward and pass in Nov in parliament in Nov has anyone got clue wat date it's suppose to be
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    No further announcements have been made regarding those that transferred to UC and lost the SDP.
  • cat6873cat6873 Posts: 35Member Connected
    kaza814 said:
    Unfortunately not true. I was on severe disability premium and lost all when moved to UC. Told it doesn't exist on UC and was told I would need a medical as nothing is transferred over. I'm now down about £300 a month. They posted my letter for medical on the 13th my appointment was the next day so I didn't know about but and I have been sanctioned for not attending
    Yes the disability premiums don't exist on UC. There will be a transitional protection payment in place for when the managed migrations start but that hasn't happened yet. When it does then those transferring across won't be any worse off.
    There will also be an announcement made in the near future that for all those that were claiming SDP and had to move to UC because of a change of circumstances will be backdated money but no further announcements have been made since June 2018.
    When you were claiming ESA, if you were in one of the groups when you moved to UC then DWP should have honour your ESA award and placed you into the relevant group for UC, as they haven't then you should put a note onto your UC account and tell them which group you were in when claiming ESA.
    I was claiming ESA and was in the support group and they ignored it. When I failed the residence test I wrote to my MP because I was scared to lose my ESA and I have a letter from the DWP saying that I can keep it as long as my circumstances don't change and this is the letter I will be presenting at the tribunal hearing. They still sent me to another medical and I failed it with nil points. I kept telling them for a whole year that I was in the support group and I got tired of it. They don't listen at all so the solution is to appeal when everything else fails.
  • kami24kami24 Posts: 167Member Courageous
    solis said:
    How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?  This is fundamental to the survival of those of us who are extremely disabled and mainly housebound needing help.  Surely it is illegal to strip away so much from what is already a necessary support.  Can this be taken to court?
    When the transition to UC starts for those already claiming a legacy benefit like ESA there will be a paymant protection in place so they are NOT worse off under UC. This payment proctection hasn't started yet. If a person has a change of circumstances now and has to move to universal credit and they were claiming the premiums, then yes they will be worse off.
    What about jsa and moving onto UC?? 
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    There'll be a transitional protection payment for everyone to make sure they're not worse off but as i said it doesn't apply yet.
  • kami24kami24 Posts: 167Member Courageous
    I've heard transitional protection is only temporary though so will everyone lose that 'extra' money (sdp) what they would have got on esa or jsa? 
  • AlwaysoneAlwaysone Posts: 15Member Connected
    kami24 said:
    I've heard transitional protection is only temporary though so will everyone lose that 'extra' money (sdp) what they would have got on esa or jsa? 
    As I understand,once in place, the UC element will increase yearly and the protected transitional element decreases accordingly.
  • kami24kami24 Posts: 167Member Courageous
    I see but is this from january 16th somebody put on here!! 
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    edited December 2018
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  • kami24kami24 Posts: 167Member Courageous
    January 16th the deadline? What happens after that? 
  • kami24kami24 Posts: 167Member Courageous
    What a waste of money UC is...... Confusion, disasters, horror stories of how people become homeless on it. Should have never existed and 
  • StickmanStickman Posts: 30Member Courageous
    edited January 6
    Hi mikehughescq

    I came across that article yesterday.  Let's hope a rethink does happen. my benefits have gone right down.  I was denied PIP care componant in October last year, which means I've also  lost my Severe Disability Premium.  This is scary as I'm down £243.20 a fortnight!  I shall be reading the article again today with interest.  I used to be able to go out, do shopping, fill my car up with petrol and pay bills and rent
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    The reason your money has dropped is because you weren't awarded the PIP daily living. This awarded is needed to be able to claim the SDP, which means it's totally different to what the link is all about.
  • StickmanStickman Posts: 30Member Courageous
    I know it's totally different, but I'm hoping that now I may be get a similar benefit to top my money back up.
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    Did you appeal the PIP decision? That's the only way that you'll receive that money. I'm not sure what you mean by a similar benefit to top your money up.
  • StickmanStickman Posts: 30Member Courageous
    I have no professional body behind me to support me on this yet.  I will be making a phonecall to Headway, to see if they can help in any way.
  • StickmanStickman Posts: 30Member Courageous
    edited January 12
    OK, I have got in touch with Headway Birmingham and Solihul.  They will be getting back to me on this.  It may be the way forward I've been looking for.
  • StickmanStickman Posts: 30Member Courageous
    I have spoken to Headway and they said they could help me on this.  I have an appointment to see someone at Headway on Tuesday.
  • StickmanStickman Posts: 30Member Courageous

    I had my meeting with someone at Headway today. 

    I arrived at Headway House, which is in the grounds of Moseley Hall hospital, and was led into a room where we waited for my interviewer to turn up.   I went witb a friend.  We were offered a cup of tea while we waited.

    My interviewer turned up five minutes later.    We sat down to have a chat about how to proceed with an appeal to see if I can get the Care Componant of my PIP back.  It would also be backdated to the date of when I lost my PIP.  There's no guarantee that I will get it back but I can try. 

    I told them that I had written a long letter appealing against the decision but I hadn't sent it as I felt that I need some professional guidance, so we filled in a form to send to the appeal team - there was a section on the form where I could write why my appeal form was late.  It is now filled in and sent off.  A fee of £25 had to be paid which was done by FasTrak payment.

    I now have to wait for a date when I will need to attend a tribunal in town at the small tribunals court which is just off Corpoation Street - round the corner from The Square Peg pub.  I opted to go in person as I decided it may be better to see a person face to face.  I have no idea how I'm going to get there though.  I think there are taxi ranks / bus stops outside the Square Peg.







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  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    Tribunal waiting times are huge in most areas and some are waiting as long as 1 year for a hearing date. They'll write to you in a couple of weeks, once you receive a letter you'll be able to ring HMCTS and ask what the current waiting times are for your area and they'll tell you approximately how long. Good luck.
  • StickmanStickman Posts: 30Member Courageous
    edited January 24
    Thanks.  Although, I didn't get a copy of the form we filled in and I think I should have.  Will the HMCTS send me a copy?  Sorry if I sound a bit stupid, I've never gone through anything like this before and I'm not the cleverest person.  It's scary.  I'm not sure whether I've done the right thing!
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    No problem. HMCTS will send you what's called the "bundle" in there will be everything that you've sent DWP. The ESA50 form and evidence there will also be the assessment report in there.

    Just so you know, DWP don't send you a copy of the form you filled you. You should photocopy everything you send and keep a copy for yourself, for this reason. Same as evidence, always send copies, not originals.

  • StickmanStickman Posts: 30Member Courageous
    edited January 24
    So I should get back the original form that we filled back, is that right?  She didn't offer to do me a copy.  As I said, I'm not the cleverest person.  Or do the DWP make copies and send the originals back
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    By the original form, do you mean the work capability assessment form? If so then yes as advised, this will be one of the things that will be included in the "bundle" and the Tribunal (HMCTS) will send you this.
  • StickmanStickman Posts: 30Member Courageous
    edited January 24
    No, I mean the Appeals form that we filled in and sent to the DWP.
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    Every single thing that you sent will be included in the bundle.
  • StickmanStickman Posts: 30Member Courageous
    Sorry, I meant all documents sent to HMCTS Appeals.

  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    DWP send everything you've sent yes. Then eventually you'll receive the bundle from HMCTS.
  • jude1967jude1967 Posts: 35Member Connected
    I was one that lost my sdp and now I am confine to my home for months on ends as k used my money for someone to take me out my home and cleaner..so there no support from social services as they money is tight so social services don.t help .there is word those lost it suppose to be paid in spring but brexit going to prevent that now ..I am also disgusted why they haven.t started to pay our sdp as I been told those that lost it still won.t recieve the premium as the government gave us the impression that we now get the sdp premium ..but guess way we get jack **** ..so it's not happening they lie all the hopes go up and then we get slap down again..we suppose yo be getting it but it's not going to be paid 
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  • jude1967jude1967 Posts: 35Member Connected
    I no there been argument with different taking them to court but 80 month won.t cover me for nothing that's disgusting we should be having this premium ...do u no wat the compensation will be how much ..I no there more court cases going on and government tried always to not lose their cases but they haven.t they been told it's illegal and Amber rudd won.t listen because rudd and Mcvey want may seats and rudd desperate to get her job word on the street it's war they after 
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  • jude1967jude1967 Posts: 35Member Connected
    I am considering taken them to small claim court as I sick bring locked in my it feels like I going crack under the strains because them I have no choice to bankrupt myself I been looking into as I lost that benefit got no choice 
  • jude1967jude1967 Posts: 35Member Connected
    There word that they suppose yo be getting rid dwp 
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  • Ashleyb1Ashleyb1 Posts: 45Member Listener
    Can anyone help me with this
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    Ashleyb1 said:
    Can anyone help me with this
    Hi,

    You've had lots of help across quite a few of your threads/posts. There's no other help we can give you here. You'll need to wait for a decision, there's nothing more you can do until that's made. My reply is here.

  • StickmanStickman Posts: 30Member Courageous
    OK, I've had a letter from the HMCTS to say that they have received my appeal.  In that letter it says "If you have a representative, you may wish to show them this letter".

    Where do I get a representative from and should it be someone with authority such as a local counsillor?

    The letter also states - "If your appeal does go to Tribunal" does this mean there is a chance that it won't go to Tribunal?

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  • jude1967jude1967 Posts: 35Member Connected
    I worked it out no matter war they won.t give the servere disable premium they only option they had was to the ones transition but that will go once as if it's the case they be paying for the premium wouldn.t they now..they just not going to pay the servere premium ..there never going to be the premium ..even though they saying transition going to be so many wen in the end it's just covering the fact that that premium not going to be getting it ..that's way I see of it because by 2023 there will only be universal credit the whole country will be on it ..but there still be no servere premiums at all...so in fact disable people will be worse off no matter how many times we go to courts and I don.t think it will happen if we had new government because rudd and Mcvey waiting for may fall as they want her job 
  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    Stickman said:
    OK, I've had a letter from the HMCTS to say that they have received my appeal.  In that letter it says "If you have a representative, you may wish to show them this letter".

    Where do I get a representative from and should it be someone with authority such as a local counsillor?

    The letter also states - "If your appeal does go to Tribunal" does this mean there is a chance that it won't go to Tribunal?

    Hi,

    No a councilor would most likely not have a clue about the benefit system and what ESA and PIP is all about and neither would they know anything about case law. You need someone from welfare rights or a law centre to represent you. Even with a rep you will need to do all the talking and answer the question yourself. See link to check what's in your area.

    Sometimes people are offered an award by DWP to try to stop them going to Tribunal but this is rare and i wouldn't expect this to happen. Concentrate on having to appear in person is the best thing to do. Waiting times for hearings are a year in a lot of areas, some ares are more than a year in fact. If you ring HMCTS they'll tell you approximately how long the wait is for your area. Good luck.

  • StickmanStickman Posts: 30Member Courageous
    Why would the DWP to try to stop a case going to Tribunal, does it cost the DWP to take a case to tribunal?

    I have now received information facts sheets on what to expect at the tribunal.  Does this guarantee a hearing?


  • poppy123456poppy123456 Posts: 10,311Community champion Disability Gamechanger
    The reason is because they don't think you're entitled to claim it. They're opposing the request, it doesn't mean anything. A Tribunal will not be refused because DWP oppose it.

    You'll eventually receive a hearing date but this could be as long as 1 year because backlogs in most areas are huge.

    You can ring HMCTS and ask approximately how long the wait is in your area. Remember this is just a guide.

    No idea about cost, sorry.


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