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important Info For People Expecting Back Dated Payment For Lost SDP On UC

nig_64nig_64 Posts: 7Member Listener
Below is the content of an Internal memo passed to me by a "friendly" tenancy officer from the council, please note I have removed all names and sources to hide their identity.
For all those just waiting for the DWP to contact them I took the advice in the memo and put a request for payment on my journal stating why I qualified and received a payment within two weeks with ongoing transitional payments.
I do see as very worrying the qualifying criteria that has been set out for these payments, I hope this information is helpful for anyone who has lost out on UC. 

 New payments for those who lost their SDP when they moved onto UC

Since 16th January 2019 the 'SDP Gateway Condition' has prevented those with a Severe Disability Premium in their IR-ESA, IS, IB-JSA or HB from having to claim UC. This means that they can retain their higher level of income on the legacy benefits system (there is no SDP in UC).

But many claimants lost their SDP by moving onto UC before this 'Gateway Condition' was introduced, and are worse off on UC than when they were on legacy benefits. 

The government had proposed compensation for these claimants, but failed to introduce this at the time when the SDP Gateway was introduced in January.

Fortunately, new UC Regulations have now been laid which, amongst other things, allow for 'Transitional SDP Payments'. 

For those entitled, there will be both a lump sum back payment to compensate them for the loss since making their claim for UC, plus an extra amount included in their UC award for each subsequent month they continue to meet the qualifying rules. There are set monthly amounts of either £120, £285 or £405, depending on the circumstances.

Who will be entitled?
Transitional SDP payments will be for those who:

  • Have already moved onto UC through ‘natural migration’, and
  • Lost out financially due to the loss of the Severe Disability Premium in an award of Income-Related ESA, Income-Based JSA or Income Support which ended within one month of the UC claim starting (NB. this list does NOT include HB), and 
  • Have had a continuous entitlement to UC and are on UC when the DWP review their claim – i.e. it cannot be paid for UC awards which have terminated before this date because the claimant ceased to meet conditions of entitlement, and
  • Have not become or ceased to be a couple since moving onto UC, and
  • Have had a continuous award of and are still entitled to the disability benefit which would have made them eligible for the SDP (i.e. the daily living component of PIP, middle or high care component of DLA, Armed Forces Independence Payment, Attendance Allowance, Constant Attendance Allowance or Exceptionally Severe Disablement Allowance), and
  • Their carer has not started to receive Carer’s Allowance or a Carer Element in their own UC for looking after them.

Important!
The Regulations state that unless the claimant meets certain criteria on the date their case 'comes to the attention of' the DWP they will receive no compensation – not even for the period during which they did meet those criteria!

i.e. no back payments will be awarded unless the claimant is also entitled to on-going Transitional SDP Payments.

So, for anyone who - since moving onto UC up to the present time - does satisfy all the above points - it is best if the DWP are made aware of their situation NOW!

There are no guarantees how quickly the DWP will process payments - or whether they will prioritise claimants who make requests, but we think it is a good idea for claimants to note on their journals that they fit all the criteria.

We would hope that this would protect their entitlement to Transitional SDP Payments up to the present time, even if something should change between the date they notify the DWP and the date the DWP check their case.

For example, if one member of a couple leaves their partner, or dies, between now and whenever their case is looked at, then they can argue that their case had already come to the attention of the DWP - and could argue that as per the Regulations, any Transitional SDP payments were applicable up to the date of separation / death.

Replies

  • Adrian_ScopeAdrian_Scope Posts: 2,936Administrator Scope community team
    Thank you for sharing this @nig_64 and I'm happy to hear you've received your payment already. 
    Senior Online Community Officer
    Scope
  • nig_64nig_64 Posts: 7Member Listener
    It was my pleasure, I hope it can help others. I will add though that whilst I have got my back dated payment and ongoing transitional payments the DWP have still come up short! They have awarded my payment at just £120 per month which is well short of the amount I have actually lost. I am currently awaiting a written explanation as to how they arrived at this figure, According to the award notification back payments and ongoing transitional payments are set at three levels which are £120, £285 and £405 per assessment period, I strongly suspect most will just receive the lower amount which is contrary to what parliament was led to believe. Clearly the war is not yet won.
    I believe what is clear from my experience is that if you lost your SDP by going onto UC then get your claim in now, you can then  take it from there because if you have any change in circumstances contrary to the qualifying criteria you will lose out completely.  
  • poppy123456poppy123456 Posts: 12,681Community champion Disability Gamechanger
    What you receive will depend on circumstances. £120 if you're claiming the LCWRA element, £285 if you don't receive the LCWRA element or £405 couples rates.
  • nig_64nig_64 Posts: 7Member Listener
    Ok, thanks for clarifying that which is more than the DWP did.
    The fact does remain though I am still four figures short of what I have already lost. 
    The explanation I have asked for from the DWP is why the award figure and what has actually been lost differs so much. 
    I will add that I am expecting an eventual reply which will say it is a “ one for all” figure which has been set per the regulations. 
    And on we go yet again on the DWP merry-go-round! 
  • ptheshadowptheshadow Posts: 6Member Connected
    edited September 4
    What if in my situation where my wife gets the LCWRA from U/C, but I was getting the SDP before we moved on to U/C, due to a change in our circumstances.
  • poppy123456poppy123456 Posts: 12,681Community champion Disability Gamechanger
    What if in my situation where my wife gets the LCWRA from U/C, but I was getting the SDP before we moved on to U/C, due to a change in our circumstances.
    That will depend on circumstances, whether your wife received a qualifying benefit like PIP daily living or DLA mid hugh rate care before you transferred to UC and the reasons why you transferred across. It will also depend on whether anyone is claiming carers allowance/carers element for you since you claimed UC.
  • ptheshadowptheshadow Posts: 6Member Connected
    Yes my wife was getting the PIP daily living allowance, before we moved on to U/C, I also get the carers premium for her & I was also getting the PIP daily living allowance, but no one claimed the carers for me, so I got the SDP payment. The reason we transferred across was, because our grandson moved in with us & he's on the autistic spectrum.
  • poppy123456poppy123456 Posts: 12,681Community champion Disability Gamechanger
    Yes my wife was getting the PIP daily living allowance, before we moved on to U/C, I also get the carers premium for her & I was also getting the PIP daily living allowance, but no one claimed the carers for me, so I got the SDP payment. The reason we transferred across was, because our grandson moved in with us & he's on the autistic spectrum.
    Is your grandson a student and do you claim the child element of UC for them? If not then does your grandson claim a qualifying benefit such as PIP daily living or DLA Mid/high rate care?
  • ptheshadowptheshadow Posts: 6Member Connected
    edited September 5
    No he's 13 & gets the middle care DLA rate & yes, we claim the child element for him from U/C, we also get the disabled child element.
  • poppy123456poppy123456 Posts: 12,681Community champion Disability Gamechanger
    No he's 13 & gets the middle care DLA rate & yes, we claim the child element for him from U/C, we also get the disabled child element.
    I remember you asked for advice on this a few weeks ago on another thread. If you're one of those that's owe money then at some point in the future there will be a message on your journal. They are in the process of paying people what they owe but as always this process can take sometime to complete and contact everyone.

    Hopefully you'll hear something soon.
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