Severe disability premium/enhanced disability premium, transitional protection

shalene

When I claim Income related ESA I was mis-informed. I did not get my severe disability premium or enhanced disability premium rather. I was getting the highest awards of ESA. When the announcements came that ESA was changing to UC my social worker applied for UC and I started getting less money. I get the highest amounts on Universal Credit

Should I not be getting my SDP or rather EDP and a backdate of it. Should I not be getting transitional protection on UC and receive a backdate also.

I am mentally ill and foreign and still cannot learn about benefits.

poppy123456

When you were claiming ESA were in the Support Group? When in the Support Group claiming Income Related the EDP is automatically paid. This is known as disability Income Guarantee on ESA letters. If in the Support Group how much per week or fortnight were you receiving? This may give me an indication of what was included.

For the SDP it's not automatically paid due to the criteria. Were you claiming a disability benefit such as daily living PIP/ADP or DLA mid/high rate care? or are you registered blind? If you were claiming either of those were you living alone or with other adults?

Rather confused why your Social worker applied for UC for you because managed migration hasn't started yet for those claiming ESA. You would only be entitled to Transitional Protection if you claim UC through managed migration once you receive your letter inviting you to apply.

However, if your ESA included the SDP then there's a SDP transitional element included with your UC but you would still very likely be worse off by claiming UC at this time.

shalene

Hi Poppy 123456

When I was on ESA I cannot remember what the group was called but I had to send sick notes. I was in the group that meant I could not work and was not looking for work. I was claiming income related ESA

I was not claiming other benefits and no one lived with me.

When I got my UC I was much worst off. I was ill-advised. My social worker should not have applied for UC but wait for the migration letter.

I do not get transitional protection to top up UC.

Can I get my SDP or rather EDP that pays more and have it backdated? Can I have my transitional protection and have it backdated. I was legally entitled to both but no one bothered to tell me

poppy123456

It’s impossible to advise with such little information.

If you can tell me how much ESA you were receiving every fortnight that that will tell me exactly what was included in that.

Were you claiming either PIP daily living or DLA mid/high rate care?

Otherwise I’d advise you to speak to an advice agency near you and take all your paperwork with you for your ESA claim and they will be able to advise accordingly.

shalene

I will try to find out my ESA payments and get back

poppy123456

You still have answered one of the most important questions I asked.

Were you claiming either PIP daily living or DLA mid/high rate care?

shalene

I was not claiming any other benefit. Just ESA. I am getting the feeling I was not receiving my enhanced disability premium. I read that you needed to be getting it to receive transitional protection on UC as there is no application. I have entitlements by law and meet the criteria but the people caring for me did not bother. If this is the case how can I appeal or take it to a decision maker as I am incapable and would they backdated in the likely event the accept my case?

poppy123456

There are no disability premiums payable when claiming UC. As you weren't claiming a qualifying disability benefit then you would only have been entitled to the SDP in with your ESA if you are registered blind. If not then you would not have been entitled to it.

If no entitlement to SDP then there will be no entitlement to SDP Transitional protection when you claimed UC. As you claimed before you received the letter inviting you to apply then again there will be no TP.

However if you were in the Support Group for ESA then your UC will include the LCWRA element from the start of your claim. LCWRA for UC pays more than ESA Support Group if the ESA doesn't include the SDP so you should definitely be much better off.

Can you confirm if you were in the Support Group for ESA?

Can you please confirm if you're registered blind or not?

shalene

I was not registered blind. I was in the support group when I was on ESA

poppy123456

Thanks. Then I can confirm that there would have been no entitlement to SDP. When you claimed UC the LCWRA element should have been included from the start of your claim. If you're 25 and over then LCWRA for UC pays about £120/month more than ESA Support Group.

When did you claim UC?

shalene

I claimed UC 2019. I have something to mention. When I claimed ESA they knew I was disabled. I was getting payments for being disabled therefore me being in the support group. If the DWP as a whole knows I am disabled doesn't this fact supersede any ruling out that I should not receive transitional protection. After all, I had the entitlement and met the criteria? On top since I cannot make an application for SDP/EDP, in the law, doesn't it mean that I declared my incapability to its knowing and the application of the law in this note means I should get something? Do not forget I had professional carers that ill-advised me and applied for UC from ESA. Isn't it something a decision maker should look into? How would I even get these points in to them?

Another thing is my status is being renewed. I cannot claim until I receive it back and I could really use this extra bit of money. Surely this must be something they can look into?

poppy123456

When you were claiming ESA you were not entitled to SDP because you were not claiming a disability benefit and you weren't registered blind. Having carers is irrelavant. You can see the criteria here. https://www.entitledto.co.uk/help/disability-premiums-in-benefits

There's no disability premiums payable at all when you claim UC. As you claimed UC through natural migration then there's no Transitional Protection.

Does your UC include the LCWRA element?

shalene

To have an entitlement to claim these benefits means disablement. I was entitled because I am disabled. Is it ESA that would have paid me SDP or EDP? Or is it the other benefits I did not claim? I have I capabilities to understand spoken language and text. When my carers spoke to me about my benefits I did not understand and therefore I made no claims but it doesn't mean I did not have entitlement. This isy arguments to the decision maker.

When my social worker moved me over to UC without a notice from them I had no say because I do not understand what is said to me and if I was to go and read I would not understand either. It has taken me seven (7) years to read and write down things before I could make pointers.

I do get LCWRA on UC.

For someone to be incapable to know to make benefit claims and for what to receive their entitlements, is a total stopper in the first place. Surely the law must have exceptions for these individuals who are losing out?

poppy123456

No one is automatically entitled to any disability benefits, unless you're claiming due to end of life with 12 months or less left to live.

ESA would pay the disability premiums but as I keep advising you were not entitled to SDP because you weren't registered blind or you weren't claiming a qualifying disability benefit. Having a disability doesn't automatically entitle you to SDP.

As your UC includes the LCWRA element then you were better off by claiming UC anyway because your ESA did not include the SDP. EDP is irrelevant here because you were better off by claiming UC. With the benefits increases this year if you are 25 and over then you're £120/month better off by claiming UC so it's not all bad.

I'm sorry but you have no case here and no argument to make. Benefit rules are the law and those laws can't be changed for you.

Going forward you can start a claim for PIP, unless you're living in Scotland and then it will be ADP. There are advice agencies out there that will help you to fill out the forms, unless you know someone that can help you. If you do claim and are awarded going forward then that's a good thing but it doesn't change the advice I've given here and there was no entitlement to SDP. As you're now claiming UC the disability premiums do not exist so it's a moot point.