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

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  • poppy123456
    poppy123456 Community member Posts: 53,029 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.
    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.
  • 5imply_Ted
    5imply_Ted Community member Posts: 40 Courageous
    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."




  • fossoux
    fossoux Community member Posts: 33 Courageous
    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!
  • poppy123456
    poppy123456 Community member Posts: 53,029 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.
    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.
  • fossoux
    fossoux Community member Posts: 33 Courageous
    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
  • poppy123456
    poppy123456 Community member Posts: 53,029 Disability Gamechanger
    You''re welcome! Thank you also. Yes, they are extremely confusing.
    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.
  • fossoux
    fossoux Community member Posts: 33 Courageous
    @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?
  • poppy123456
    poppy123456 Community member Posts: 53,029 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.
    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.
  • fossoux
    fossoux Community member Posts: 33 Courageous
    Thank you @poppy123456. Very clear advice again.
  • MissL
    MissL Community member Posts: 2 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 




  • poppy123456
    poppy123456 Community member Posts: 53,029 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.



    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.
  • MissL
    MissL Community member Posts: 2 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. 
  • poppy123456
    poppy123456 Community member Posts: 53,029 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.
    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.
  • mattallenmsn
    mattallenmsn Community member Posts: 3 Listener
    Hi there, I am new here, so please be gentle... :D 

    It is a bit of a long read for me above and I hope I am not duplicating with my post, but I am sight impaired and in need of some help.... here is the crux of the matter though...

    As I read the original post am I right in thinking:
    '(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.”'

    The word entitled does not mean actually claiming? ....

    Here is the story so far... (I will keep it as brief as I can) 

    As of 21 January 2019, I split with my long term partner and so realized that I need extra help with my living costs (her income had prevented me claiming any benefits other than 'contribution based Employment and Support allowance and higher rate carers part of PIP) I spoke to the local council (in my case East Lindsey as I lived in Skegness) and was promptly told that I needed to apply for universal credit. Believing this was the right thing to do .... and not knowing that I was 'entitled to Income related ESA and SDP.... I applied for UC. After a long time trying to sort all that out (UC is not the easiest of benefits to get sorted out it seems) and relying on friends and relatives for help and support, in December 2019 I went to CAB Skegness to inquire if there was any other help I could get. 

    They said I should never of been put on UC and spoke to ESA who promptly sent out a form for me to complete. I finally got this completed and sent to them by the end of January 2020. They phoned and left a message that basically said that II would not be considered to change from UC as I was not in receipt of SDP before my claim for UC. 

    However as I read the original document and highlight above, I was 'entitled' to SDP ..... Am I reading that wrong... must I have actually been receiving the benefit, or like in my case, although I was misled at a time when  I was very vulnerable, I was 'entitled' to it and so should be receiving this benefit rather than being forced onto UC? 

    I hope that is clear and concise enough? Any more information, I can freely give... 

    Please if someone could help if it is possible for me to appeal the decision as I cannot get all the help I need based on the money I get from UC.

    Many thanks for taking the time to read!

    Matt  

  • poppy123456
    poppy123456 Community member Posts: 53,029 Disability Gamechanger
    @mattallenmsn as advised on your other thread here https://community.scope.org.uk/discussion/69072/help-with-sdp-appeal-and-understanding-the-uc-sdp-legislation#latest you must have been receiving the SDP in another benefit.

    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.

Brightness