Employment and Support Allowance (ESA)
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Sdp unpaid 2014-2017 seeking backpay. Any reasons why dwp could refuse?

I was living alone on esa/jsa in receipt of pip care component so was eligible at the time but was not informed of the benefit that should have automatically been added to the esa claim despite esa being aware of my pip award.  I am now on receipt of UC, pip and still living alone I am aware I will not be entitled to SDP since starting UC but does the UC claim give the dwp reason to deny paying what is owed? Please if somebody has any experience with this or anything to add that may put my mind at rest that would be great. I have already spoken to the enquiry staff and filled in the is10 over the phone but I will write a letter tomorrow as well.

Replies

  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    HI and welcome,

    The SDP is not automatically paid because of the criteria. As well as the criteria you mentioned above you must have been claiming Income related ESA and also no one must have been claiming Carers allowance or the carers element of UC for looking after you. If all those applied then it will be backdated.

    There's no need to write a letter to DWP because you've filled out the form over the phone. A decision shouldn't take too long, although maybe slightly longer than usually because you're no longer claiming ESA.

    Hope this helps.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • frank96frank96 Member Posts: 30 Connected
    Thanks for all the help having a little more clarity has given myself great relief although the term "decision" still makes me now want to get my hopes up. I've been underpaid by 11k seriously hope there's no reason as to why the dwp would refused
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    You're welcome.

    If you were entitled to it then there's no reason at all why they won't pay you what you're owed. Claiming UC won't make any difference to them owing you money. Decisions need to be made on all benefit claims.

    If the money you receive is more than £6,000 then it's disregarded for 1 year for means tested benefits. Once that year has ended, if your savings are more than £6,000 then you'll need to report them to DWP and your UC will be reduced by £4.35 for every £250 you have over £6.000.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • frank96frank96 Member Posts: 30 Connected
    Called esa and they said the lady i spoke to on the phone forgot to attach the is10 forms in her email somehow? They then said they can no longer fill out another is10 over the phone and send it over and i should go the jobcentre, fill the forms in myself and get the jobcentre to scan them over. Did that and called esa the next day got through to enquiry staff that didn't have a clue what to do :(
    Any idea what i have to say to get an escalation with this?
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    What reason did they give for not being able to redo the IS10 form over the phone? It's a very simple form with just a few questions.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • frank96frank96 Member Posts: 30 Connected
    I think the lady i dealt with was hungry and i was keeping her from her lunch break. The jobcentre staff were confused at the situation and ive just called esa again and they said to contact back in 6 days don't think I'll receive any backpay for awhile but your earlier replies have relieved the stress of it all. Pretty sure I'm due a nice payday soon and I'm sure I'll be making a nice donation to scope as well. You do a great job poppy!
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    Thank you so much for your very kind words. I'm 99.99% certain that you will indeed be receiving a very nice backdated sum of money in your bank very soon. When you do, go to costa (my favourite coffee shop) and have a cappuccino for me :)
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Administrator Posts: 7,121 Scope community team
    Hi @frank96. I'm glad Poppy was able to support you with this. Fingers crossed you get what you're owed soon!
    Senior Community Partner
    Scope
  • frank96frank96 Member Posts: 30 Connected
    Forgot to mention earlier i was entitled to SDP on a ESA, JC and IB claim but did the IS10 forms with esa over the phone and then at the jobcentre. Any idea if SDP will be calculated for all benefit claims or just the esa period? Same circumstances for all benefits, on pip care rate living alone without anyone claiming carers?
  • frank96frank96 Member Posts: 30 Connected
    The last person i spoke to from esa didn't know what an is10 form was so I'm not surprised the dwp have underpaid thousands of people
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    I'm not aware of SDP being paid for those that were claiming IB because that was a Contributions based benefit and SDP isn't paid on any Contributions based benefit.

    You also say that you've just been claiming PIP but PIP was only introduced in April 2013 and IB ended in 2011, ESA replaced this in January 2011.

    JC? i'm assuming you mean JSA? it's paid when claiming Income related JSA.

    When you spoke to DWP regarding the SDP if the person you spoke to didn't know what the IS10 form was then just asking to apply for SDP would have been fine.

    The reason why people didn't claim the SDP was because it's not automatically paid. The IB to ESA underpayments were a totally different thing, it was because people weren't assessed for the income related top up when they transferred from IB to ESA.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • frank96frank96 Member Posts: 30 Connected
    Sorry my mistake i meant income support while i was in college and jsa claim. The balls rolling I'll call at the end of next week and I'll hopefully have an answer then. Was unsure if esa will inform other departments of sdp underpayments?
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    They will look at all your claims. which is most likely why it's taking a while.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • frank96frank96 Member Posts: 30 Connected
    Going to to call back later today this has still been ongoing the other week I was asked to send over tennancy agreements from previous addresses. Sent what I could along with a well worded letter of complaint. On Monday I was told it is being processed this afternoon and that the funds will be in the bank before they have an update on their system. Still no backpay after 4 months of chasing it weekly. hopefully someone can tell me if a payment has been made I wish I was never told I was owed money from DWP had my hopes up for far too long on the one :( stay safe people
  • Adrian_ScopeAdrian_Scope Administrator Posts: 7,121 Scope community team
    That's a very long wait @frank96. I hope you hear something from them soon. If not, definitely follow up with your complaint.
    Senior Community Partner
    Scope
  • frank96frank96 Member Posts: 30 Connected
    Refused on the grounds of late notification. 2014-2017. During this period I was on JSA & ESA. multiple addresses. After a log back and forth trying to get this premium backdated I was informed I needed to send old tennancies to prove sole occupancy.  I sent council tax and housing benefit letters that reflected this. Now I've been told it cannot be awarded because I should have informed esa sooner? Shouldn't it have just been added automatically? I'm sure online it even says HB claims too can get a premium. They have also said I should have notified them of my changes in circumstances at the time. I don't know what changes they're on about hopefully the letter they send will be clearer. I've always lived alone unless I was with my mum and she is in receipt of PIP, esa & SDP. She can't even spell her own name anymore I don't know who can help me with this. I was told several times 3-5 working days check your bank. I'm truly baffled. What should I write in the reconsideration letter? Should I get a solicitor involved? 2014-2017 I was in receipt of PIP care component, nobody claimed carers. I was also on JSA, ESA. LIVED ALONE.  Does anybody know if basic disability premium can be awarded and backdated from previous claims? 
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