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Must read Restriction on claims for universal credit by persons entitled to a severe disability prem

Government_needs_reformGovernment_needs_reform Posts: 800Member Pioneering
edited April 12 in Disabled people
For anyone receiving SDP "severe disability premium" and having to change to Universal Credit for a change in circumstances.

 
Here is the new legal regulations, as from the 16th January 2019.
 

STATUTORY INSTRUMENTS

2019 No. 10

SOCIAL SECURITY

The Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019

Made

11th January 2019

Laid before Parliament

14th January 2019

Coming into force

16th January 2019

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 42(1) to (3) of, and paragraphs 1(1) and 3(1)(a) of Schedule 6 to, the Welfare Reform Act 2012(1).

In accordance with section 173(1)(b) of the Social Security Administration Act 1992(2), the Social Security Advisory Committee has agreed that these Regulations should not be referred to it.

In accordance with section 176(1) of Social Security Administration Act 1992 and, in so far as these Regulations relate to housing benefit, the Secretary of State has consulted with organisations appearing to her to be representative of the authorities concerned in respect of the proposals for these Regulations.

Citation and commencement

1.  These Regulations may be cited as the Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019 and come into force on 16th January 2019.

Amendment of the Universal Credit (Transitional Provisions) Regulations 2014

2.—(1) The Universal Credit (Transitional Provisions) Regulations 2014(3) are amended as follows.

(2) In regulation 2 (interpretation) insert at the appropriate place in paragraph (1)—

““severe disability premium” means the premium in relation to an employment and support allowance under paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations 2008(4) or, as the case may be, the corresponding premium in relation to income support, old style JSA or housing benefit;”.

(3) After regulation 4 insert—

“Restriction on claims for universal credit by persons entitled to a severe disability premium

4A.  No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—

(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and

(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”

Consequential Amendments

3.—(1) In article 5A(1) of the Welfare Reform Act 2012 (Commencement No 9 and Transitional and Transitory Provision and Commencement No 8 and Savings and Transitional Provisions (Amendment)) Order 2013(5) before “39” insert “4A of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium) or regulation”.

(2) In paragraph (11) of article 6 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No 21 and Transitional and Transitory Provisions) Order 2015(6) before “39” insert “4A or”.

(3) In paragraph (2) of article 7 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No 23 and Transitional and Transitory Provisions) Order 2015(7) before “39” insert “4A or”.

Signed by authority of the Secretary of State for Work and Pensions

Alok Sharma

Minister of State for Employment

Department for Work and Pensions

11th January 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision restricting claims for universal credit by claimants who are, or have been, in receipt of an existing benefit that includes a severe disability premium.

Regulation 1 provides for citation and commencement.

Regulation 2 contains amendments to the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230, as amended).

Regulation 3 makes consequential amendments that enable those claimants who are prevented from claiming universal credit by virtue of regulation 2 to make a claim for an existing benefit.

An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. This instrument has no impact on the public sector.

(3)

S.I. 2014/1230. There are amendments but none is relevant.

(4)

S.I. 2008/794. Relevant amending instruments are S.I. 2010/11602011/24252011/24282013/388 and 5912014/2888 and 2015/1754.

(5)

S.I. 2013/983 (C.41). Relevant amending instruments are S.I. 2014/1452 and 2321and 2017/483 .

(6)

S.I. 2015/33 (C.4). Relevant amending instruments are S.I 2015/634 and 2017/483.

(7)

S.I. 2015/634 (C.32). Relevant amending instrument is S.I. 2017/376.



Here is the full link for all the information above which is a legal document from the Government.
http://www.legislation.gov.uk/uksi/2019/10/made

⬇️⬇️⬇️⬇️

"This must not be allowed to happen"

The Department of Work and Pensions (DWP) has published a contract notice announcing its plans for a £3.1billion revamp of heath checks for Personal Independence Payments (PIP) and other benefits.

PIP is not ESA or even UC, having one assessment for those benefits is morally wrong to treat them as ONE size fits all with that one assessment.

Latest update 9th May 2019

DWP confirms single assessment plans, despite Tomlinson confusion

The government has confirmed that it is pushing ahead with plans to test how it might be able to merge two disability benefit assessments into one, despite comments from a minister that appeared to suggest that no such plans were being discussed.

But DWP has now made it clear to Disability News Service that testing of a single assessment will be going ahead.

Replies

  • telscopetelscope Posts: 37Member Connected
    If I have been on ESA, PIP & also been claiming Severe Disability Premium (SDP) for over a month, what is going to happen to the SDP?
  • Government_needs_reformGovernment_needs_reform Posts: 800Member Pioneering
    telscope said:
    If I have been on ESA, PIP & also been claiming Severe Disability Premium (SDP) for over a month, what is going to happen to the SDP?
    @telscope I take it your still on ESA at the moment and receiving SDP, if so you should be ok. But this comes in on the 16th Jan. So if you don't have a change in circumstances until after the 16th you should still be able to stay on ESA for now.

    Then when the full migration sometime in 2020 onwards and you move over to UC you should or will keep your SDP.

    Remember though if your PIP is stopped later on that's when you could also loose your SDP. Hope this helps.

    ⬇️⬇️⬇️⬇️

    "This must not be allowed to happen"

    The Department of Work and Pensions (DWP) has published a contract notice announcing its plans for a £3.1billion revamp of heath checks for Personal Independence Payments (PIP) and other benefits.

    PIP is not ESA or even UC, having one assessment for those benefits is morally wrong to treat them as ONE size fits all with that one assessment.

    Latest update 9th May 2019

    DWP confirms single assessment plans, despite Tomlinson confusion

    The government has confirmed that it is pushing ahead with plans to test how it might be able to merge two disability benefit assessments into one, despite comments from a minister that appeared to suggest that no such plans were being discussed.

    But DWP has now made it clear to Disability News Service that testing of a single assessment will be going ahead.

  • telscopetelscope Posts: 37Member Connected
    I think that has made it a little clearer for myself. Thank you for your help.
  • Government_needs_reformGovernment_needs_reform Posts: 800Member Pioneering
    edited January 14
    @telscope and everyone else. A further Follow on information for the above article.

    Claimants in receipt of the severe disability premium (SDP) will not be moved onto universal credit (UC) by natural migration if they have a change of circumstances, Alok Sharma Minister of State for Employment confirmed.

    The DWP are providing transitional protection to claimants who are moved from ESA to UC via a ‘managed migration process’ beginning in July 2019, so that their income will not immediately drop.

    But claimants who have a change of circumstance, such as moving from one local authority area to another – natural migration – before July 2019 begins previously received no such protection.

    The latest change in the regulations means that claimants who get the severe disability premium will now only be transferred to universal credit by means of managed migration, with the result that they will qualify for transitional protection and will not have their income reduced.

     

    All we now need is get UC stopped alltogether……BUT.



    ⬇️⬇️⬇️⬇️

    "This must not be allowed to happen"

    The Department of Work and Pensions (DWP) has published a contract notice announcing its plans for a £3.1billion revamp of heath checks for Personal Independence Payments (PIP) and other benefits.

    PIP is not ESA or even UC, having one assessment for those benefits is morally wrong to treat them as ONE size fits all with that one assessment.

    Latest update 9th May 2019

    DWP confirms single assessment plans, despite Tomlinson confusion

    The government has confirmed that it is pushing ahead with plans to test how it might be able to merge two disability benefit assessments into one, despite comments from a minister that appeared to suggest that no such plans were being discussed.

    But DWP has now made it clear to Disability News Service that testing of a single assessment will be going ahead.

  • [Deleted User][Deleted User] Posts: 0 Pioneering
    The user and all related content has been deleted.
  • Government_needs_reformGovernment_needs_reform Posts: 800Member Pioneering
    Someone on my post said this isnt going to happen . 
    It's laid in law @apollo14lmp it's a legal binding contract that the Government will have to adhere too. See the legislation Here is the full link for all the information above which is a legal document from the Government.
    http://www.legislation.gov.uk/uksi/2019/10/made

    ⬇️⬇️⬇️⬇️

    "This must not be allowed to happen"

    The Department of Work and Pensions (DWP) has published a contract notice announcing its plans for a £3.1billion revamp of heath checks for Personal Independence Payments (PIP) and other benefits.

    PIP is not ESA or even UC, having one assessment for those benefits is morally wrong to treat them as ONE size fits all with that one assessment.

    Latest update 9th May 2019

    DWP confirms single assessment plans, despite Tomlinson confusion

    The government has confirmed that it is pushing ahead with plans to test how it might be able to merge two disability benefit assessments into one, despite comments from a minister that appeared to suggest that no such plans were being discussed.

    But DWP has now made it clear to Disability News Service that testing of a single assessment will be going ahead.

  • DiammondgirlzDiammondgirlz Posts: 10Member Listener
    I've just had my esa stopped had to claim uc as my sons returned to live with me he's 15, there requesting sick notes, I'm stressed and sorry don't understand this, I have fibromyalgia and on esa was on support group. Can anyone offer me advice please ASAP as I'm so ill with worry. Ty 
  • WaylayWaylay Posts: 868Member Pioneering
    @Diammondgirlz
    So sorry to hear that! Did your ESA stop after an assessment?
    Are you already claiming UC?
  • DiammondgirlzDiammondgirlz Posts: 10Member Listener
    I had to make a claim on 10th January as my 15yr old son finally got returned bk to my care after 10yyr battle on unfounded allegations. I was on esa 6+ yrs on support group had been due a medical review last April but esa never contacted me about it, now uc want sick notes. 
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    Hi,

    As you were previously in the Support Group for ESA then DWP should place you in the relevant group for UC which is LCWRA and sick notes are definitely not needed. Please either put a note on your journal or ring UC and tell them that you were previously in the Support Group. A case manager needs to send the details across for the LCWRA to be put into place. You'll then receive the extra £328 per month in with your payments. Hope this helps.
  • DiammondgirlzDiammondgirlz Posts: 10Member Listener
    I've tried that already and was told because I was due a review on 18th April 2018 that I do have to send them in, it's really stressing me out as I know my money is going to be down and affected and nothing there seems I can do about it, I've spoken to them via journal and phone and been told by case worker I must supply a fit note or be sanctioned or even have my uc claim closed! 
  • DiammondgirlzDiammondgirlz Posts: 10Member Listener
    They say I have to send them in until the uc give me a assessment 
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    that is not correct. Yes, you can be re-assessed at anytime but you were in the support group for ESA and you should be automatically given LCWRA and sick notes are not needed.

    If it was me then i'd be writing to my local MP because you've been advised incorrectly. Are you sure it was a case worker and not your work coach that told you this?
  • DiammondgirlzDiammondgirlz Posts: 10Member Listener
    It may have been I'm honestly unsure was on the journal it just has 2 different people name both saying I need to supply sick notes I will email my mp tonight thanks 
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    I would also ring UC to ask for a call back from a case manager. You'll be called back within 48 hours. You won't be able to ring and speak directly to a case manager so if you did ring then it was mostly a work coach you spoke to. Whoever it was you've not be given the correct information.
  • DiammondgirlzDiammondgirlz Posts: 10Member Listener
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    I knew there was information on this on the internet but it has taken me this long to find what i was looking for. I have now finally found it for you in this link.

    This was taken from the above link. Scroll down to migration and limited capability for work related activity.
    A claimant entitled to old-style ESA and for whom it had been determined that s/he had limited capability for work-related activity or was treated as having limited capability for work-related activity (ie, was in the support group) when s/he claimed UC is treated as having limited capability for work-related activity for UC.12 This should also apply regarding a claimant who established this on mandatory reconsideration or appeal concerning ESA.


  • DiammondgirlzDiammondgirlz Posts: 10Member Listener
    Ty I have contacted my mp hoping she can help as I'm getting no where with uc 🤞
  • 5imply_Ted5imply_Ted Posts: 12Member Connected
    In the original HCWS745 UC written statement presented by former S of S Esther McVey last June:


    it clearly states that "...we will provide both an on-going payment to claimants who have already lost this Premium as a consequence of moving to Universal Credit and an additional payment to cover the period since they moved."

    In the new legislation, while welcome, and accross the forum network, I am struggling to find reference to the "additional payment to cover the period since they moved." aspect of this committment. Indeed, the silence has been deafening surrounding this issue. Can anyone shed some light on the status of this part of the government's pledge as these are large sums of money that disabled people have lost out on due to the savage cuts to their disability premiums.




  • DiammondgirlzDiammondgirlz Posts: 10Member Listener
    Thank you! I'm happy to say I've won! I went to my mp Rosie winterton and also kept on at the uc via journal and kept being told no your esa assessment was due last April so your at assessment phase sorry but that's how it is. I didn't accept this and kept providing all evidence got from here and Internet search etc put it in journal with links etc and today 3 weeks after starting hard work I've got a letter in journal stating I'm on wrag! Yayy they owe me £328 too!
    Happy days n thank you to all that's helped.... If your going thro it don't give up you can win them too! 
    I'm proof of that xx
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    In the original HCWS745 UC written statement presented by former S of S Esther McVey last June:


    it clearly states that "...we will provide both an on-going payment to claimants who have already lost this Premium as a consequence of moving to Universal Credit and an additional payment to cover the period since they moved."

    In the new legislation, while welcome, and accross the forum network, I am struggling to find reference to the "additional payment to cover the period since they moved." aspect of this committment. Indeed, the silence has been deafening surrounding this issue. Can anyone shed some light on the status of this part of the government's pledge as these are large sums of money that disabled people have lost out on due to the savage cuts to their disability premiums.




    At the moment there's no legislation in place for those that lost the disability premium because a change of circumstances meant they had to claim UC. The legislation that came out on 14th January 2019 is just for those that are currently claiming the SDP. No further announcements have been made on additional payments.
  • 5imply_Ted5imply_Ted Posts: 12Member Connected
    In the original HCWS745 UC written statement presented by former S of S Esther McVey last June:


    it clearly states that "...we will provide both an on-going payment to claimants who have already lost this Premium as a consequence of moving to Universal Credit and an additional payment to cover the period since they moved."

    In the new legislation, while welcome, and accross the forum network, I am struggling to find reference to the "additional payment to cover the period since they moved." aspect of this committment. Indeed, the silence has been deafening surrounding this issue. Can anyone shed some light on the status of this part of the government's pledge as these are large sums of money that disabled people have lost out on due to the savage cuts to their disability premiums.




    At the moment there's no legislation in place for those that lost the disability premium because a change of circumstances meant they had to claim UC. The legislation that came out on 14th January 2019 is just for those that are currently claiming the SDP. No further announcements have been made on additional payments.
    Here are my findings on this aspect of the legislation under Schedule 2, Regulation 64 of the following draft document for those who this issue affects. Lets hope it is regulated in statute ASAP.


    "the Secretary of State must determine an additional amount of universal credit (“the transitional SDP amount”) which is to be payable in respect of each assessment period that precedes that determination and then for each subsequent assessment period that begins before the conversion day.

    2.  The transitional SDP amount, calculated by reference to the date of the determination, is—

    (a)in the case of a single claimant —

    (i)£80, if the LCWRA element is included in the award; or

    (ii)£280, if the LCWRA element is not included in the award;

    (b)in the case of joint claimants—

    (i)£360 if the higher SDP rate was payable and no person has since become a carer for either or both of them,

    (ii)£80, if paragraph (i) does not apply and the LCWRA element is included in the award in respect of either or both of them, or

    (iii)£280, if paragraph (i) does not apply, the LCWRA element is not included in the award in respect of either or both of them and—

    (aa)the lower SDP rate was payable, or

    (bb)the higher SDP rate was payable but a person has since become a carer for one of them.

    3.  The Secretary of State must decide the manner in which the transitional SDP amount is to be paid, which may include payment of a lump sum covering all assessment periods preceding the determination under paragraph 1 and monthly payments thereafter."




  • fossouxfossoux Posts: 32Member Connected
    Hi, I hope you don’t mind me asking for advice under this post rather than starting a new one as my query relates to the transition from ESA to UC when it’s rolled out:

    I receive ESA (income based) and am in the support group. I also receive PIP at both enhanced levels and my partner receives Carers Allowance so do not qualify for SDP, although I did receive it as part of Income Support prior to ESA transition.

    my question is: when UC is fully rolled out will I have to then supply Sick Notes and will my payment reduce as I’m not in receipt of SDP element of ESA?

    sorry to be so long winded?

    its such a turbulent time for most not knowing where they will end up and which payments will change. Thank you!
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    fossoux said:
    Hi, I hope you don’t mind me asking for advice under this post rather than starting a new one as my query relates to the transition from ESA to UC when it’s rolled out:

    I receive ESA (income based) and am in the support group. I also receive PIP at both enhanced levels and my partner receives Carers Allowance so do not qualify for SDP, although I did receive it as part of Income Support prior to ESA transition.

    my question is: when UC is fully rolled out will I have to then supply Sick Notes and will my payment reduce as I’m not in receipt of SDP element of ESA?

    sorry to be so long winded?

    its such a turbulent time for most not knowing where they will end up and which payments will change. Thank you!
    When the managed migration starts and you're invited to apply for UC then you'll be placed into the relevant group for UC which for you will be LCWRA and you won't need to send in any sick notes. There will be a transitional support protection in place so you won't be any worse off.
  • fossouxfossoux Posts: 32Member Connected
    Thank you @poppy123456, you’re a wealth of information and I thank you for all the good that you do.  All these new rules and regs are so confusing and it’s so good to know where we stand in a few plain sentences!! THANK YOU
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    You''re welcome! Thank you also. Yes, they are extremely confusing.
  • fossouxfossoux Posts: 32Member Connected
    @poppy123456

    sorry, I forgot to also ask if SDP can be applied for instead of carers allowance? Am
    i correct in believing that If SDP is in payment, that this will prevent a transition to UC from ESA?
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    fossoux said:
    @poppy123456

    sorry, I forgot to also ask if SDP can be applied for instead of carers allowance? Am
    i correct in believing that If SDP is in payment, that this will prevent a transition to UC from ESA?
    If you live with your partner then they must also be receiving a qualifying benefit such as PIP daily living or DLA mid/high rate care DLA for you to qualify for SDP, otherwise no you can't claim it. One of the criteria is you must live alone or be classed as living alone.

    Those claiming SDP are only prevented from claiming UC until the transitional support protection is in place sometime this year. After that a change of circumstances means they'll have to apply.
  • fossouxfossoux Posts: 32Member Connected
    Thank you @poppy123456. Very clear advice again.
  • MissLMissL Posts: 2Member Listener
    Hi guys, 
    New here looking to research SDP backdate. 
    I hope you don't mind me asking on this thread but it's the most relevant I've found so far. 
    I care for a gentleman who received a lifetime award of DLA higher care, standard mobility & was in receipt of IS then moved to ESA.
    He migrated to PIP where they found he didn't qualify for mobility as the claim was on mental health grounds. 

    He cancelled his ESA claim in November 2016 as he inherited over the savings threshold. 

    In December 17 when he went to claim ESA he was told that he needed to apply for UC - which he did and has been awarded the limited capability premium and has been on ever since. 

    My question's are;
    Should he have been entitled to the disability premium whilst under the old style ESA (I believe he met the criteria with the old awards)

    If he should have been awarded the premium, will this be backdated and paid to him now that he is on UC? 

    Should he be cancelling his UC and request to return to ESA & claim housing benefit?

    And lastly, would SDP have made a difference to his HB&CTS/R claim? 

    (please not that a recent PIP review has now decided he does qualify for standard mobility - I don't know if this makes any difference to the above) 

    Sorry for the long post and amount of questions, you just seem to know what your talking about here :) 

    Thank you in advance 




  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    @MissL Hi,

    It would have been better to have started your own thread because it causes so much confusion when asking questions on other peoples threads.

    For someone to be entitled to SDP they must first live alone or be classed as living alone and no one must be claiming carers allowance for looking after you. You say you care for him, do you claim carers allowance?

    If he was entitled to it then it would have been paid up until November 2016 when he canceled his claim because of his savings.

    SDP would not have made a difference to any other benefits he was claiming. It's a premium that's paid on top of an existing benefit.

    The mobility part of PIP doesn't affect the SDP because it's the daily living rate you need.

    He won't be able to go back onto ESA ever because once you claim UC you can't go back.



  • MissLMissL Posts: 2Member Listener
    Thank you @poppy123456
    Sorry, it was late and I thought here was best at the time. 

    Yes he lives alone and No, I don't receive carers allowance for him.
    Looking back through his ESA statements, he did not receive SDP. 
    Is this something we need to bring up or wait for the DWP? 

    Thanks again. 
  • poppy123456poppy123456 Posts: 12,725Community champion Disability Gamechanger
    SDP is £64.30 per week from April 2018 but less in previous years. He should ring DWP and ask about claiming back the payments.
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