Gateway Condition January 16 2019 ESA claimants who receive Severe Disability Premium - Page 2 — Scope | Disability forum
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Gateway Condition January 16 2019 ESA claimants who receive Severe Disability Premium

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  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    The orchestrator of the Universal Credit no other than Iain Duncan Smith not only
    designed a new benefit to replace 5 or 6 current benefits but DID HE TELL THE PUBLIC THAT the benefits he was replacing with Universal Credit would also be 
    TOTALLY ABOLISHED AND DESTROYED FOR EVER. I'm shocked he has got away with it.He has thrown many many thousands into utter poverty .I hope 
    Labour and many other politicians see that Universal Credit should be scrapped.
    Sign the MIRROR petition today Please Sign the Mirror's petition in the link below
    https://www.change.org/p/theresa-may-mp-stop-the-rollout-of-universal-credit-and-replace-it-with-a-fairer-system
    I even heard that Iain Duncan Smith was paid a mighty sum of money to speak on COMPASSION at a conference in CANADA. If that is so what a sham
    He knows nothing about compassion at all
    I know many people that voted conservative but they won't vote conservative
    again
    PLEASE FEEL FREE TO GIVE YOUR COMMENTS
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Hi Apollo and fellow bloggers and readers.
    I submitted an appeal to my local council regarding backdating my housing benefit
    Awarded in March 2018 and revoked a few weeks later because I refused to go over to Universal Credit. Why did I refuse ? because I would have lost my SDP
    and Enhanced Disability Premium worth nearly £400 @ month.
    The new Gateway condition which came into force on the 16/01/2019 has thankfully allowed disabled people like myself to claim housing benefit.
    Thankfully members like yourself APOLLO recommended trying for an ANYTIME
    REVISION ON MY HOUSING BENEFIT with my local council.
    I haven't heard anything back from my council yet except to say I did receive
    the first reply before my appeal saying "I have not shown any continuous
    good cause" why they should backdate my claim.
    I have definitely said "I have shown definite good cause.
    Please fellow readers ,feel free to make comments regarding this

  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    edited January 2019
     Why did I refuse ? because I would have lost my SDP
    and Enhanced Disability Premium worth nearly £400 @ month.

    You wouldn't have been worse off to quite that extent had you moved across to UC. These figures show a person over 25 claiming ESA Support Group against a person over 25 claiming LCWRA for UC, without the SDP.

    Personal Allowance aged 25+ £73.10
    Support Group Component £37.65
    Enhanced Disability Premium £16.40
    Total £127.15 a week = £552.50 per calendar month.

    Universal Credit
    Personal Allowance aged 25+ £317.82
    Limited Capability for Work and Work-Related Activity amount £328.32
    Total £646.14 per calendar month. Under 25 £580 PCM.

    SDP is £64.30 per week. So worked out monthly as follows £64.30 x 52 = £3,343.60 divided by 12 because UC is paid monthly... £278.63 per month single person amount.

    ESA Support Group monthly figure for those claiming SDP is £831.13

    £831.13 - £646.14 is £184.99 per month (over 25). £251.13 (under 25)

    So if you're over 25 moving to UC LCWRA from ESA support group for those that were receiving the SDP you will have been £184.99 per month worse off.

    If you're under 25 then you will have been £251.13 per month worse off.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Poppy and fellow readers
               As you state under legacy benefits with SDP = £831.13
    but TURN TO US CHARITY figures show Universal Credit = £636 without any
    Transitional protection but nevertheless the government said ( THIS TORY
    GOVERNMENT SAID ) no one would be worse off under Universal Credit but
    the figures above prove a loss of nearly £2,400 a year,not to mention the 
    DESTRUCTION of the old legacy benefits.
    The truth is thousands of people like myself have been plunged into dire poverty
    Over the last year being forced to pay full rent I have lost over £4,000
    Had to go to loan sharks and foodbanks 
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    I totally understand what you're saying and i agree with you. However, i've said this before and i'll say it again. If i had a change of circumstances in the past by moving house to a full UC area and i had a choice of either claiming UC and losing the SDP (£184 per month) plus housing element  or not claiming UC and staying on ESA and paying my own rent then this will have left me even worse off, than i would have been if i had claimed UC. Because i would have had to pay my own rent and this would have been more than losing the SDP alone.

    For me, it would have been no contest and i would have had to have claimed UC because there's no way i could have paid £500 PCM rent. I don't know why you would leave yourself even more worse off by not moving across. This is what i don't understand, sorry.

    I do wish you all good luck in being paid all your back dated HB though!
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    edited January 2019
    The user and all related content has been deleted.
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    @apollo14lmp i remembered that you claimed SDP as a couple so for you and your partner then i totally understand your reasons for not claiming UC. It's too much to lose as a couple.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    I really do hope you're successful with this. Please do keep us updated and anyone else claiming backdated HB too.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    The user and all related content has been deleted.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    I'm at my wits end because my local authority have said " the ANYTIME REVISION ON MY HOUSING BENEFIT ref backdated rent paid over £4000
    could be rejected ,so fellow readers please tell me What is the best way forward?
    I don't mind going to a tribunal or do I try and find some legal experts to prosecute DWP or the council ?
    PLEASE SOMEONE ON HERE TRY AND HELP ME
    I cannot afford to pay solicitors yet I believe the council and the DWP have acted
    unlawful and Discriminatory towards me a Disabled person
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    I think expert advice is needed here. However, if your housing benefit is more than the £184 per month figure i quoted above then they could argue with you that you intentionally made yourself financially worse off. This is why i'm advising you get expert advice. I'd start with welfare rights or a law centre. This link will tell you if any of those are available in your area.

    Good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Poppy ,thankyou for your great advice just received on the blog.
    Looks like I will have to seek expert advice .I will use the link you have kindly given. Can't quite see how  I made myself intentionally worse off. Its just I stuck to my guns in not losing my SDP and EHP . If you are calculating how Universal Credit would have paid my rent £340 @ month as against me losing SDP  and EHP  then Yes there is a marginal difference but now the government has put 
    Transitional Protection in place ,the government has corrected the flaw in people
    who went on to Universal Credit and lost SDP  BUT i THINK THERE IS LOADS MORE TO THIS ISSUE
    Personally the Universal Credit was not just designed to put a number of benefits under one roof so to speak but THIS GOVERNMENT DID NOT DECLARE IT WAS ABOLISHING CERTAIN BENEFITS ALTOGETHER.
    A DESTRUCTION OF A BIG PART OF THE WELFARE BENEFIT SYSTEM.
    I have since discovered that new claims on PIP will not be allowed to go beyond
    65 but if a person is already on PIP then a person can stay on PIP after 65
    but for how long ? is anyone's guess.
    Also the Universal Credit agreement makes everyone including all Disabled
    people sign a Declaration that they will actively look for work or they may not receive Universal Credit payments if they don't sign
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Poppy and fellow readers 
    Friends have helped me work out the true figures of SDP and EDP and the weekly income from these two benefits is £80.70 @ week 
    My weekly rent is £80.30
    But If I  have to go to a Tribunal regarding trying to get my backdated rent back 
    I will have to fight on the grounds that Universal Credit Benefit would have made me a lot worse off than being in the Support group on ESA  ,hence why I wouldn't be forced to go over to Universal Credit.
    There is also a marked difference between the two benefits  ESA and Universal Credit .Universal Credit forces Disabled people and Severely Disabled people
    to actively sign a statement to say they will actively not only look for work but take work were as ESA in the Support group does not make this demand 
    Sign the Mirror's petition to get rid of Universal Credit
    https://www.change.org/p/theresa-may-mp-stop-the-rollout-of-universal-credit-and-replace-it-with-a-fairer-system
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    I really do understand what you're saying and agree with some parts of it.

    You keep saying you would have lost both the premiums if you had moved to UC, this isn't actually correct (see my above calculations) someone claiming ESA in the Support Group without the SDP would be claiming less that someone claiming LCWRA for UC.

    The amount you would have lost is £184 per month because you were claiming SDP. As your rent is £340 per month then this means by not moving to UC you were worse off by an even larger amount because you had to pay your rent for the whole time. So by not moving across you made yourself even more worse off by £156 per month. This is why i said if i was in your shoes then there's no way i could have afforded to pay my own rent, so i would have chosen the UC route for these reasons.

    Your comment about PIP and age. PIP has always had this age limit for new claimants, just the same as DLA did. DLA rules were also the same, if you claimed before the age of 65 then you could continue past the age of 65, if you qualified. The only difference with DLA and PIP is for PIP they'll continue to re-assess you past the age of 65 but for DLA they didn't.  The reason for the age limit for both benefits is because they are working age benefits.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    I respect your comments .I think with me Its the principle that the government acknowledged the fact that people like myself if moved to Universal Credit
    would in the first instance be worse off by as you say £184 @ month.
    Hence the fact the government can see the flaw in the Universal Credit system 
    trying to destroy the SDP and EDP Benefits. Thank goodness Transitional Protection will be in place to stop anyone losing vital benefit money.
    But I still dont think its right to see certain benefits abolished and destroyed for ever.
  • teejays1617
    teejays1617 Community member Posts: 92 Courageous
    Can anyone tell me the equivalent rate on Universal Credit for someone
    receiving ESA in the support group?
    Greatly appreciate as many feedbacks as possible
    Many thanks 
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
     Why did I refuse ? because I would have lost my SDP
    and Enhanced Disability Premium worth nearly £400 @ month.

    You wouldn't have been worse off to quite that extent had you moved across to UC. These figures show a person over 25 claiming ESA Support Group against a person over 25 claiming LCWRA for UC, without the SDP.

    Personal Allowance aged 25+ £73.10
    Support Group Component £37.65
    Enhanced Disability Premium £16.40
    Total £127.15 a week = £552.50 per calendar month.

    Universal Credit
    Personal Allowance aged 25+ £317.82
    Limited Capability for Work and Work-Related Activity amount £328.32
    Total £646.14 per calendar month. Under 25 £580 PCM.

    SDP is £64.30 per week. So worked out monthly as follows £64.30 x 52 = £3,343.60 divided by 12 because UC is paid monthly... £278.63 per month single person amount.

    ESA Support Group monthly figure for those claiming SDP is £831.13

    £831.13 - £646.14 is £184.99 per month (over 25). £251.13 (under 25)

    So if you're over 25 moving to UC LCWRA from ESA support group for those that were receiving the SDP you will have been £184.99 per month worse off.

    If you're under 25 then you will have been £251.13 per month worse off.
    As quoted here. ESA Support Group without SDP. £552.50 per month.

    UC equivalent (LCWRA) £646.14 per month.

    So those claiming LCWRA for UC will receive more per month than those claiming Support Group ESA.

    SDP figures in the quote above. If someone moved to ESA before the new rules came out last month they would have been £184.99 per month worse off.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • [Deleted User]
    [Deleted User] Posts: 172 Pioneering
    edited February 2019
    The user and all related content has been deleted.

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