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SDP and Universal Credit Gateway Conditions ...

apollo14lmpapollo14lmp Posts: 161Member Chatterbox
edited January 11 in Universal Credit

If you are in receipt of Severe Disability Premium (SDP) this will be of interest to you in the context of Universal Credit.

From 16/1/2019 you will not be forced from your legacy benefit ESA etc and made to claim Universal Credit

Please see;-

https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-01-11/HCWS1243/

There will be a gateway condition for housing benefit and so on... so I hope that this news is relief to some people.

Right thing to do but why do this to people in the first place … ??




Replies

  • clarkjohnsonclarkjohnson Posts: 200Member Chatterbox
    Exactly Apollo why indeed 
  • livonialivonia Posts: 59Member Talkative
    doesn't this need confirming in parliament like the last announcement of 'intention'.  i presume it won't happen until the amended regulations are passed in parliament?
  • livonialivonia Posts: 59Member Talkative
    are you sure it applies to everyone and not just the 10,000 guinea pigs

  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Read the link passed in parliament just small amendments will need to read it fully.... starts next week ... council rang me today
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Doesnt mention the guinea pigs .  .  . Applies to all .. not sure who their guinea pigs will be but god help them !!!
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    The first is a negative Statutory Instrument to provide for the Severe Disability Premium Gateway. This prevents legacy claimants who are in receipt of the Severe Disability Premium from moving naturally to Universal Credit and allows them to continue to claim legacy benefits until they are moved over as part of the managed migration process. We committed to bringing this important extra protection into force on 16 January and this provision ensures that we will meet that commitment.
  • livonialivonia Posts: 59Member Talkative
    so did the council say you could now apply from 16th january for help with your rent, good they rang you then.

  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    No .. no housing benefit application till the 16th ... Jan... as per statement above
  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Apollo 141 . 
                           Great to see you on this thread. My local council in Redditch 
    wrote me a letter saying I cannot claim Housing Benefit until i'm 66 .
    I am 63 with incureable disabilities claiming legacy benefits including SDP
    Shouldn't the council update their website on the 16/01 otherwise people like
    me will think they cannot claim?  
  • poppy123456poppy123456 Posts: 9,398Member, Community champion Brian Blessed
    @teejays1617 they will most likely update it on 16th.
  • teejays1617teejays1617 Posts: 92Member Talkative
    REDDITCH BOROUGH COUNCIL doesn't update it's website for HOUSING BENEFIT ,SO PEOPLE LIKE MYSELF RECEIVING ESA WITH SDP are still told they cannot claim Housing Benefit?
    Why does the Deception still go on  ?
  • poppy123456poppy123456 Posts: 9,398Member, Community champion Brian Blessed
    All you have to do is show them the legislation. As today is only day one of the changes i'm really not surprised that they haven't yet updated their website.
  • poppy123456poppy123456 Posts: 9,398Member, Community champion Brian Blessed
    Just checked my local council website and i'm very surprised to say that it has been fully updated with the new legislation.
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    edited January 16
    Im struggling too ... govt cant run a country let alone sort out money for sick people hopeless ...wont get better as May stays on.. as The grinhch would say i quote Hate.hate double hate loathe entirely  ....till these people are gone it won't get better
  • poppy123456poppy123456 Posts: 9,398Member, Community champion Brian Blessed
    I would definitely show them the legislation if you're having any problems claiming housing benefit. They can't refuse you when you show them this. Also show them proof of your SDP claim and stay one step ahead, i would. I hope you get this sorted soon! If you don't then contact your local MP.

  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    My MP  is a tory sadly ... dont speak to tory MPs ... pro bono solicitor is speaking to the DWP .. pre action letter ... council staff are sending me a paper form .. have my ID Just need copy of tenancy agreement thank you
  • teejays1617teejays1617 Posts: 92Member Talkative
    I telephoned the Housing Benefit at my local council and they said" they had only just received a memo stating that Esa claimants claiming SDP as well could start 
    a claim for Housing Benefit" but no mention of whether anyone in my position is allowed to backdate the claim.
    Please give your views on this subject 
  • livonialivonia Posts: 59Member Talkative
    I haven’t asked for a back date as the legislation doesn’t allow for that 
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Im gonna try suing them ... even if it dont work is discrimination
  • livonialivonia Posts: 59Member Talkative
    Good luck Apollo I don’t have funds for legal fees but it’s not many months I’ve paid my own rent 
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Pro bono now win no fee.... they owe me 9 months rent ... solicitor sending pre action letters
  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Apollo and fellow readers.
    I really feel that I should try to claim for all the Housing Benefit denied to me over the last 12 months,but fellow readers say that I should have gone on to Universal Credit but if I had of done I would have lost my SDP premium every week.
    So who do I try to claim from ? Would it be DWP ? Or the local council?
    Please someone help me 
    The stress on my health over the last 12 months has taken an awful toll
    I lost 3 stone and the excessive stress and lack of money for food seriously
    affected my diabetic diet and now I have tremors in my hands.
    Already suffer from panic attacks and anxious outbreaks.
    Things went from bad to worse .Suicidal thoughts.
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Hi .. i am working on suing the DWP pro bono solicitors ... pm me i dont know how to do it....i will tell you my plan ... it may help you .   
  • poppy123456poppy123456 Posts: 9,398Member, Community champion Brian Blessed
    If it would have been me then i would have had no option but to claim UC. Yes, claiming UC you would have lost the SDP each week but if your rent exceeded this then you were worse off by having to pay your own rent. Doesn't really make any sense.

    As you're still claiming legacy benefits then it's your local council you need to claim this back from and not DWP.
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox

    We are on couple SDP rate so was worth not going on Universal Chaos (UC), also I would have struggled meeting their claimant commitment also moved to new build house in rural location no internet for months no real 4G connection so could not even claim UC then wasn't on UC database so Im trying to sue the DWP. I am told and Im only stating what a reputable law firm told me is that the DWP would be liable not the council I could be wrong ?

    You would need to check your own unique circumstances and obtain legal advice which ain t easy to source thanks to May et al. So for me I will know by month end what the best legal minds on SDP / UC have to say about my case -likely to pre action letter the DWP who often bottle it and pay up. Otherwise I will post here what I can share on my case.

    UC is not a benefit for sick people it is designed to "drive" you to work whether you can work or not - the state is not there for you anymore and damn you ! they don't care how you survive as long as you don't claim off them !

    The state I mean that May woman and her co conspirators would nt n mind have paid into this "system" for 36 years to be treated like dog poo ..

    UC is a weapon a weapon to drive you to work end of …

    You could not make this up - and my heart condition is worse now Ill never prove this stress has caused my condition to worsen but it has !  never had angina before ! have now - additional cost to NHS damn the DWP and May, Mc VEY vile people. Karma will find you people …

    Rather die fighting this system than do nowt … don't think I will be voting tory ever lol

  • poppy123456poppy123456 Posts: 9,398Member, Community champion Brian Blessed
    edited January 17
    I can't see how it would be the DWP that you would need to claim it from since you don't claim UC. As it's housing benefit then this is to do with your local council. I'll be happy to be proved wrong here but also interested to know who you should claim it from. @apollo14lmp good luck with everything and please do come back and let us know what happened.
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox

    Thank you - All cases are different my chat on Monday with my legal adviser was in a nutshell -  we are discussing your case with other more serious cases in a team meeting. By month end advice will be given on how to proceed in the context of SDP / UC / HB in my case which is a bit unique. In my case the legal advisers are stating my claim would be against the DWP. I moved to a UC area were I was better off on legacy benefit - could not claim UC as could not get to JC, had no computer / means of making a claim.

    They did nothing left me - discrimination ? I m not well enough to be coping with UC ! it is a struggle I stayed on ESA IR but we get couple SDP paid my own rent nothing gained. Then in June SDP managed migration was announced - so it would appear they agree that SDP recipients should not go on UC ! took months to get through parliament. Legal team suggest I have a case - pre action letter going out .. lots more going on cant say I was told in private legal chat.

    But people should try to claim rent monies paid back .. don't know of HB law which allows you to recover backdate one months rent .. 1 month !

    Me, my beef with the DWP and some of their staff and Managers with their bad advice goes back further a long story.

    Why tell people to claim UC to get HB when you tell them in June they will not be able to claim UC and will stay on legacy benefits till managed migration - this all comes off the back of a legal challenge against the govt by two SDP recipients left out of pocket. Solicitors weighed DWP and govt in made fools of them. 

  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Apollo and Tressell and Poppy and Fellow readers
    3am and my friend is typing this blog to help me.
    On the 9th of January 2019 I receive a nasty letter from my local council (Redditch )stating I cannot have any Housing Benefit unless I go on to Universal Credit
    They make no mention of the new Gateway condition for a disabled person like myself receiving SDP which came into force on the 16/01/2019
    Instead the letter says unless I go over to Universal Credit I cannot have any help with my rent until my pensionable age in 3 years time.
    I have requested an ANYTIME REVISION on my Housing Benefit after reading 
    great blog from Tressel and Apollo.
    I won't give up in this fight which I believe has had a very serious impact on my health.
    My local council made no mention in the 09/01/2019 letter to me about the new Gateway condition,instead threatened me saying all future applications for Housing Benefit would be denied me unless I joined Universal Credit or 
    reach pensionable age.
    I might be a broken poor man but I will fight against this injustice
    I am just so grateful that SCOPE and this brilliant site exists.

  • poppy123456poppy123456 Posts: 9,398Member, Community champion Brian Blessed
    edited January 18
    @teejays1617 you received the letter on the 9th January, the legislation didn't come out until 14th January, with the new SDP rules coming into affect from 16th January and not before.

    Had you applied for housing benefit before the 16th January, yes you would have been refused because you would have needed to apply for UC at that point. I really don't understand why you applied before the legislation came out.

    Have you applied again since Wednesday 16th? if not is there any reasons why?

    If you haven't applied again you need to contact your local council and tell them about the new legislation for those claiming SDP and show it to them if you have to. Also get proof that you claim the SDP.

  • teejays1617teejays1617 Posts: 92Member Talkative
    I have applied for Housing Benefit on the 17/01/2019
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    edited January 18
    16.1.2019 here did you get my email pm not working for me
  • teejays1617teejays1617 Posts: 92Member Talkative
    Apollo I cannot see your email .Please resend
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Hi ... email wont resend not sure how to PM people ... how do uou write to you thanks
  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Apollo .Thankyou for your email.Gratefully received.
  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Poppy and fellow readers.
    Thankyou for your advice. I personally think that the local councils will blame DWP for not placing recipients of SDP in an exemption category  in 2018
    I am sending in an ANYTIME REVISION on my housing benefit and see where I go from there.
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Im going to give them a chance to backdate my rent to last April ... that will save solicitor a load of paper ...
    These people are in no way looking to make amends ..
    I have heard that people who were forced onto UC due to change of circs will only get 80 a month in compensation so even paying my rent i have done the right thing... havent been forced onto universal chaos so far .. still praying for election ... 
  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Apollo and fellow  readers ,its taken me several hours with friends to put together case papers against my local council to get an ANYTIME REVISION
    ON MY HOUSING BENEFIT requesting the backdating also. 
    I am very grateful for yourself and other readers that have emailed me paperwork
    and templates to challenge the council.
    The template you sent me was most helpful in me challenging how the council refused me Housing Benefit and how it has impacted on my physical and mental 
    health and the awful impact on my day to day living causing more angina attacks,
    more panic attacks and more depressive episodes which at times caused 
    suicidal thoughts. No government or council should have put disabled people through this mental torture.
    Ive also heard that after Brexit the current government wants to abolish Human Right's laws .How true that is ,i'm not sure 
    Please comment 
    Many thanks
  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Apollo and fellow readers 
    Am I going about this the right way?  I am asking my local council for an ANYTIME REVISION ON MY HOUSING BENEFIT including a request for backdating my claim or should I be claiming from DWP?
    I think you APOLLO are making your claim from DWP or are you trying DWP
    and your local council?
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    edited January 21
    I have been told to ask council first ... solicitor is coming back to me month end re pre action letter to DWP. I can t discuss that in open forum ... but cannot do nothing ...
    The SDP  managed migration scenario is only available as someone took DWP to  court for discrimination.
    I had a heart issue which is being made worse by these awful people at DWP .. making me so unwell ..ECG showing angina now I can only blame this benefit system never prove it .. but they are making people ill with their games take care 
  • teejays1617teejays1617 Posts: 92Member Talkative
    Looks like i'm in a similar  boat like you Apollo. I have heart issues and a lot more
    angina attacks.
    Scope is allowing our voices to be heard across the country
    Just hoping we can win back some if not all of the money lost in paying full rent this last year .
    I wish every one on here the very best in winning the battle against a government
    which clearly has acted in a discriminatory way towards Disabled people
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    I kid you not .. you could not make this up.
    No housing benefit
    Scam assessments with dodgy "health care" assessors
    UC ? Cuts to welfare so well orchestrated ..
    IDS N MC vey did all this then walked away from it all... joke well it would be if it was funny 
    Always the same with tories in power...
    Sadly what is gone is gone for good ... 
  • clarkjohnsonclarkjohnson Posts: 200Member Chatterbox
    Your right appolo I'm new to all this haveing worked all my life but all the accounts of people as opened my eyes when your at a low ebb they want to keep kicking don't they I've had issues with penile cancer and was assessed by a young girl how could she possibly no whet that entails and it seems quite a lot of people who work for the Dwp are frankly very rude and condescending arnt they . Tc 
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Lower than a snakes belly ... but ordered around by the thing that lives (for now in 10 Downing street) .. karma will find them soon .. take care ...

  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Apollo,
                    Are you telling me youv'e been refused Housing Benefit even though
    the new Gateway condition has kicked in ? You receive SDP AND OLD LEGACY BENEFITS ,SURELY SOMETHING IS TERRIBLY WRONG
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    No  ... my application is in tenancy agreement handed in today all good so far ... i will update with news and advice off solicitor
  • teejays1617teejays1617 Posts: 92Member Talkative
    I have requested an ANYTIME REVISION on my Housing Benefit with my local council.I have applied for Housing Benefit after the Gateway Condition has come into force on the 16/01/2019
    I will let you all know how I get on 
    I have the CAB looking into the whole matter
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    My HB is now in payment to be fair have received first class service from very helpful council officer.
    So my rent for this week is now paid ...
    Had to make one payment using my PIP monies to cover last weeks rent.
    My rent will now be paid to landlord 4 weekly - direct.
    Mentioned backdating explained to me that there is no provision for ANY backdating HB.
    This is my experience but what you might find ?
    I am still in touch and will get legal update month end when i will let you know what the case might be for suing the DWP ....
    for putting people in no win vicious circle were there was no win
    I hope this brings some relief to some of you.
    Good health to all ....
    So glad this battle won .....
  • livonialivonia Posts: 59Member Talkative
    my application went in on the 17th so i am waiting for a reply my council are three weeks behind i think processing. its all submitted on line.   i didn't ask them to pay directly as i was worried it would get complicated as i am paying the rent there will be some owed back to me out of the award but i could ask after its been decided i suppose.  

    pleased you have this all sorted - well one stage of it for yourself.
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Ask for a fastrack... application ... you have waited long enough !
  • Pippa_ScopePippa_Scope Posts: 5,858Member Brian Blessed
    Hi @teejays1617, I'm really glad to see you've had some support from our community members with this, and I'm truly sorry to hear about the impact it's had on your mental health.

    You are a member of our community and we appreciate you. If you are having thoughts of suicide, it is important that you discuss them with someone who is qualified to help. Please call the Samaritans on 116 123 (free) or email them at [email protected]. You might also benefit from reading MIND’s information on how you can help yourself:

    http://www.mind.org.uk/information-support/types-of-mental-health-problems/suicidal-feelings/how-can-i-help-myself/

    If you feel that you may be an immediate danger to yourself, please call 999 or go to your local hospital right away.

    Glad to see you have CAB involved, and please keep us updated.

  • teejays1617teejays1617 Posts: 92Member Talkative
    Hi Apollo ,Tressell ,Poppy and al fellow readers and al staff at Scope
    I have had word from my local council that Housing Benefit will be awarded from the 20th of January 2019.I am pleased.,but I am not pleased with a letter from the council saying I have not shown good enough continuous reason to backdate my claim back to Feb 2018 . What they are really saying is its my fault I had no help with my rent because I refused to join Universal Credit last year.I said to the council," If I had of joined Universal Credit last year I would have lost my SDP part of my benefit resulting in greater losses amounting to over £400 @ month"
    I have requested an ANYTIME REVISION on my Housing Benefit since last 
    March . I am not afraid of going to a tribunal or court with or without lawyers to fight for JUSTICE. I will never give up and SCOPE givesus a great platform to share all our views were we can all help each other
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Bit of good news for you too ... well done ..
    Keep posting i will update with legal advice in terms of my issues ....
  • teejays1617teejays1617 Posts: 92Member Talkative
    I forgot to say that I had to borrow thousands of pounds last year from loan sharks and friends to be able to survive to pay my rent and buy vital food.I have to pay 
    all this back or go bankrupt .
    Unless a miracle happens and the council award a backpayment. But the arguement continues the Council want to blame us when in real fact its the Council and Government and DWP that need to own up that Disabled have been put through HELL especially this last year
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Discrimination ... putting us in a no win situation .. lose your SDP and get your rent or keep your SDP but no rent ?
    Could not make this up i didnt have a choice at first anyway as I could not make a UC claim anyway due to moving no internet and could not get out of the house new build im in
    Fight fight fight but not doing anyones geakth any good set to be destroyed who was that tory thing that said no one would be worse off with UC ? 
    liars rotten to the core hope this govt collapses and soon ...
    Liars not ti be trusted..
  • teejays1617teejays1617 Posts: 92Member Talkative
    Apollo you are totally right. This government promised that no one on legacy benefits would be worse off under Universal Credit but YES they have LIED.
    MANY THOUSANDS OF POOR DISABLED PEOPLE HAVE BEEN MUCH WORSE OFF and now the government tries to make only PART AMENDS
    Our issue will not go away .We had to PAY FULL RENT otherwise we would have lost our SDP and EHP element of our benefits. 
    We deserve compensation from either the local councils or DWP or the government itself.
    The   ORCHESTRATOR of this DESTRUCTION of the legacy benefits is no other
    than IAIN DUNCAN SMITH . 
    Human Right lawyers should prosecute him for persecution and discrimination towards not only disabled people but against all people on benefits.
    Words fail me for the SHAMEFUL AND DISGUSTING ways in which we have all be treated.
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Great words ... I rest my case -  i hope you sleep better and find some peace ...
    Will update with legal view in due course ... god bless you ..i wish you peace and good health take care 
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    edited January 24
    Legal advice received today - will be moving forward to claim backdated rent monies will be speaking to solicitor who has similar cases ... once the DWP admitted in July that SDP claimants would be moved over via managed migration it seems inconceivable that people trapped like we have should not have access to HB that's the sort of legal point of argument.
    Remember though even if you got say 4K Rent refunded .. you have gained nothing you would only be getting what you should have received anyway in HB payments !!!! That you would have got in legacy benefits.

    I will be asking for compensation for undue stress affecting my health

    Will keep updating as i hear more that i can share 

    DWP costing more money than ever.

  • livonialivonia Posts: 59Member Talkative
    Success! Just had my HB award letter first payment on Tuesday 
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Well done got a payment and letter other day ... so pleased for you ... god help the guinea pigs though ...
  • poppy123456poppy123456 Posts: 9,398Member, Community champion Brian Blessed
    Great news for all those now claiming HB again!
  • apollo14lmpapollo14lmp Posts: 161Member Chatterbox
    Teejays did you ever get your rent money back ????
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