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Severe disability premium

jacksaaajacksaaa Posts: 9Member Listener
Hi I’m new to here so sorry if this ended up in the wrong place, Just looking to see if anyone could advise me on what to do so I was on esa and pip high rate daily and standard mobility and I had to move to help improve my health last September due to the area I moved I had to claim universal credit and lost my premiums advisors kept telling me I would get them back that never happened I’m still claiming universal credit and still receive pip I also started an apprenticeship work know about my health issues and work with me an it really helps with my problems doing the apprenticeship but it is very hard so have had time off since starting, I was wondering if anyone could explain to me if I’m entitled to a back payment an on going top up and what do I have to do? Thanks 

Replies

  • Hart86Hart86 Posts: 347Member Pioneering
    Do you still qualify for SDP? As in do you live alone and no one claims Carers for you and you get pip still @jacksaaa?
    and do you still have lcw ornlcwra on your universal credit claim?
  • jacksaaajacksaaa Posts: 9Member Listener
    Yes I do I still live alone I also still get pip I also get limited capability for work thanks for the fast reply by the way 
  • Hart86Hart86 Posts: 347Member Pioneering
    So you should qualify for the back dated SDP premiums. 
    At this point you don't need to do anything, they should be contacting everyone that is eligible (and I know a few people that were contacted today). 
    However if it was me personally, I’d give it a week and if you haven’t heard anything call them up and nudge! Be interesting to know when people start getting their payouts so please let me know when you hear!! 
  • jacksaaajacksaaa Posts: 9Member Listener
    Thank you for you help I will let you know what happens and how I get on 
  • Hart86Hart86 Posts: 347Member Pioneering
    And good luck with your apprenticeship! Sounds like it’s doing you some good 👍
  • jacksaaajacksaaa Posts: 9Member Listener
    Cheers It really does Thanks again hart
  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    Hi,

    You will be eligible for backdated money and some transitional support protection providing there wasn't a gap of more than 1 month from your ESA ending to claiming UC.
  • jacksaaajacksaaa Posts: 9Member Listener
    Hi poppy you helped me before I think when I lost my sdp, How do they work it out? And do you have any idea how long it will be? Thanks jack
  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    I have looked back on your previous posts and can't see anywhere that you've asked about this before, unless you posted under another username previously.

    When you claimed UC if you were entitled to the SDP and remained entitled to it for the remainder of that month then you will be paid some backdated money, which will hopefully be within the very near future. I do believe that they are starting to pay from Wednesday 24th July.
  • paul93paul93 Posts: 63Member Connected
    Dear poppy123456
    i was getting ESA with SDP till 6th of Feb 2019 and my ESA and SDP was stopped so i have to claim UC from 07/02/2019 i did appeal and DWP changed there decision in my favour but i could not go back to ESA now they have put me on LCW and paid me back dated the day i started to get UC.
    I lost my SDP could you please guide me if i can get that back dated or not at all because they never said anything about SDP.
    Thanks in advance poppy 
  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    paul93 said:
    Dear poppy123456
    i was getting ESA with SDP till 6th of Feb 2019 and my ESA and SDP was stopped so i have to claim UC from 07/02/2019 i did appeal and DWP changed there decision in my favour but i could not go back to ESA now they have put me on LCW and paid me back dated the day i started to get UC.
    I lost my SDP could you please guide me if i can get that back dated or not at all because they never said anything about SDP.
    Thanks in advance poppy 
    Hi,

    I'm afraid you won't be able to re-claim any backdated SDP because it no longer exists under UC.

    There's new legislation out that those that claimed UC because of a change of circumstances maybe awarded extra money because of the SDP they lost, providing there wasn't a gap a more than 1 month between the SDP ending and claiming UC.

    Even though your claim for UC started just after 1 month from the date of the ESA ending, if you weren't found fit for work then you wouldn't have had to claim UC. As DWP changed that decision with the MR then you could possibly be entitled to some extra money. The rules only came out last week and they are starting to pay those entitled from last Wednesday. My advice is to hold on and see what happens in the coming weeks.

    The following was taken from this link. http://www.legislation.gov.uk/uksi/2019/1152/made

    “SCHEDULE 2
    Claimants previously entitled to a severe disability premium: transitional payments
    Determination by Secretary of State

    1.  Where it comes to the attention of the Secretary of State that—

    (a)an award of universal credit has been made in respect of a claimant who, within the period of one month immediately preceding the first day on which the claimant became entitled to universal credit as a consequence of making a claim, was entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium;

    (b)in a case where the award of income support, income-based jobseeker’s allowance or income-related employment and support allowance ended during that month, the claimant continued to satisfy the conditions for eligibility for a severe disability premium for the remainder of that month;

    (c)the award of universal credit has not since terminated (whether by a claimant ceasing to meet the conditions of entitlement to universal credit or becoming, or ceasing to be, a member of a couple);

    (d)the claimant has not (or, in the case of joint claimants, neither of them has) ceased to be entitled to the care component, the daily living component, armed forces independence payment or attendance allowance (all of which have the same meaning as in paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations 2008); and

    (e)no person has become a carer for—

    (i)in the case of a single claimant, the claimant, or

    (ii)in the case of joint claimants—

    (aa)if a severe disability premium was payable at the higher rate, both of them, or

    (bb)if a severe disability premium was payable at the lower rate, the claimant who was the qualifying partner,

    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)£120, if the LCWRA element is included in the award, or

    (ii)£285, if the LCWRA element is not included in the award;

    (b)in the case of joint claimants—

    (i)£405, if the higher SDP rate was payable and no person has since become a carer for either of them,

    (ii)£120, if paragraph (i) does not apply and the LCWRA element is included in the award in respect of either of them, or

    (iii)£285, if paragraph (i) does not apply and the LCWRA element is not included in the award in respect of either 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.

    4.  If the LCWRA element is not included in the award at the time of the determination under paragraph 1, but is included in a later assessment period (and paragraph 2(b)(i) does not apply), the amount for that assessment period, and each subsequent assessment period beginning before the conversion day, is to be £120 (and the Secretary of State must make a further determination).


  • paul93paul93 Posts: 63Member Connected
    Dear poppy123456
    I think you misunderstood what i wanted to explain you my ESA and SDP stopped on 6th Feb 2019 and i applied for UC from 6th Feb 2019 and DWP changed there decision and they put me back on support group but i could not go back to ESA because of UC but on UC they put me on UC   LCWRA and with extra money from 6th Feb 2019 £336 a month so with new law am i entitled to SDP or not if yes do i need to contact someone your help will be appreciated.
    Thanks

  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    I never said you weren't entitled to any extra money with the new legislation, even though i did misread the dates you put in your previous reply so sorry about that. What i said was that you won't be able to re-claim the SDP because it doesn't exist in UC, which is correct.

    What DWP have done is compensated those that were previously claiming the SDP and have decided to pay them some compensation and also future extra payments.

    As you did claim UC within the month of your ESA ending then yes you will be one of those that's entitled to some backdated money, even though the money is actually less than what SDP was.

    As you're claiming LCWRA and the extra £336 per month you will be entitled to £120 per month backdated to the date your SDP stopped and a further £120 per month with future payments. There's no need to contact DWP about this because they will start paying those that are entitled to this amount but you have to wait. The new rules were only introduced last week and there's most likely a lot of people's claim to sort through, like most things with DWP it takes time.

    So, my advice it to hold on, you'll be contacted. Hope this helps.
  • paul93paul93 Posts: 63Member Connected
    Thanks a lot poppy123456
    God bless you.
  • paul93paul93 Posts: 63Member Connected
    Dear poppy123456
    I called UC with different issue but i just ask them to check about my SDP please look what she wrote me in my journal
    Regarding the Severe Disability Premium, If you were entitled to a Severe Disability Premium and claimed Universal Credit before 16 January 2019, you will be entitled to compensation at some point in the future. Your Universal Credit claim commences on the 07/02/2019 and so does not apply.
    
  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    What i don't understand is why you were able to claim UC in the first place because when you claimed it, it was after the date of the rule changes. The rule changes came into affect on 16th January. You were found fit for work after this date which would have meant you shouldn't have been able to claim UC because within that previous month you were claiming SDP.

    Who did you speak to when you rang UC? Your case manager or work coach?
  • Hart86Hart86 Posts: 347Member Pioneering
    Were you definitely getting SDP before you applied for UC @paul93
  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    I was beginning to think the same. @paul93 before you were found fit for work which group were you in for ESA and how much per week were you receiving?
  • paul93paul93 Posts: 63Member Connected
    Hart86
    Yes i use to get SDP till 6th Feb 2019 and applied UC from 7th Feb 2019 and i am getting  LCWRA
  • paul93paul93 Posts: 63Member Connected
    Dear poppy123456
    I was on ESA in support group till 6th Feb 2019 and from 7th Feb 2019 UC LCWRA group
  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    I still don't understand why you were able to claim UC as you were claiming SDP and you shouldn't have been allowed to claim it. Who ever put that note on your journal today isn't correct, in my opinion you will be entitled to backdated money but you'll need to wait for DWP to review peoples claims. How long that will take, is anyone's guess.
  • Hart86Hart86 Posts: 347Member Pioneering
    Hi @paul93. Give the SDP line a call and explain that you were mistakenly allowed to claim UC AFTER 16th January 2019 despite having SDP. They should be able to advise.

    I know of a couple of cases where the claim was allowed through like this. One of them was returned to legacy benefits and received everything backdated to date of claim.

    CPAG would be your next port of call and would be able to help you. They’ve recently advised that it’s possible for someone in your situation to remain on UC now and get the backdated transitional compensation too as it hasn’t been limited to just those who claimed before the cut off. 
  • paul93paul93 Posts: 63Member Connected
    Hart86
    Firstly thanks a lot god bless you
    2nd what is CPAG stand for thanks again
  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    paul93 said:
    Hart86
    Firstly thanks a lot god bless you
    2nd what is CPAG stand for thanks again
    CPAG = Child Poverty Action Group. https://cpag.org.uk/

  • paul93paul93 Posts: 63Member Connected
    Thanks poppy123456
    You are a star.
  • Hart86Hart86 Posts: 347Member Pioneering
    Thanks @poppy123456 you beat me to it! 
    @paul93, don’t be put off by the name, they don’t just help people with children they’re absolutely brilliant with policy and helping people generally. They’ll know exactly what you should do ❤️
  • paul93paul93 Posts: 63Member Connected
    Hart86
    Big thanks to you
    Thanks again
    Paul93
  • poppy123456poppy123456 Posts: 11,749Community champion Disability Gamechanger
    Hart86 said:
    Thanks @poppy123456 you beat me to it! 
    @paul93, don’t be put off by the name, they don’t just help people with children they’re absolutely brilliant with policy and helping people generally. They’ll know exactly what you should do ❤️
    Thanks. I agree with you here. I very often refer and quote alot of CPAG to people here.
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