SDP - ERROR

TartanTiger

Sigh! Ok I'm going to try and keep this simple as my head is spinning.

I contacted ESA to get a breakdown letter, as we may have to move to UC before our Migration comes up, by choice or change of circumstances.
So I've been trying to find out what is best for us.

I wanted to check that we could Voluntary Migrate and if way may still get transitional protection.

BUT - we have been getting SDP only for my husband (Enhanced Daily Living).
I have now been told by Citizens Advice that It should have been at the couples rate as I get Standard Daily Living.

BUT - it never has been, I was on DLA and then moved to PIP and we never got it paid at couples rate.

I thought if we did Voluntary Migration we could be settled on UC before we move house (on waiting list) it would simplify things as we could submit our housing change etc. more easily.

NOW - I am in a dither, I don't know what to do.
Is the DWP in error or is it ME, PIP or DLA?

What do I do now??? What happens???

Rosie_Scope

Hi @TartanTiger, Was anyone receiving Carer's Allowance or the carer's element of DLA? From what I understand, that's one thing that might stop someone receiving SDP.

I'm not too sure what's happened otherwise, perhaps one of our members might be able to share some ideas of what to do next! Hope you can get it sorted!

poppy123456

You will only be entitled to couples rate of SDP if no one is claiming carers allowance or carers element for looking after you.

Sometimes when claiming with a partner one will claim carers allowance for the NI credits because when claiming ESA only the main claimant will receive NI credits. The partner will not receive this.

TartanTiger

Hi
Nope no carers allowance claimed. Only ones living here is the two of us. Hubby gets enhanced PIP on both, I get standard PIP on both. So don't understand why we didn't/don't get SDP at the couples rate.

PIP Helpline was no help - he went to ask a colleague - then said… wait for it…………… PIP has no effect on ESA!!!
[Citizens Advice recommended to call them]

poppy123456

Then you will be entitled to couples rate. I’m not surprised that the PIP helpline were of no help because SDP is part of ESA and not PIP.

They should award from when you became entitled to it, just ring ESA and ask to claim the couples rate. It may take quite a few weeks for a decision and to pay you what is owed.

I would hold off from claiming UC until you know you’re moving and have a date because even though you’re on the waiting list it could still be a long wait.

When claiming UC for a change of circumstances you will receive SDP Transitional Protection but you would still be worse off. If claiming through managed migration you won’t be worse off when you claim.

TartanTiger

Yes I didn't ask should I call ESA but he said no it was the PIP Helpline - strange I agree.

Thanks for the advice about UC. I started all this checking as I was scared if we went for a move (especially as it is a different council area) that we would really be hit hard. So at least I know it is not going to be as bad as I thought. Just need to wait and see what comes first Managed Migration or Moving House.

Jram46

I think you maybe able to claim for underlying entitlement to carers allowance if nobody is claiming carers allowance for you.

poppy123456

https://forum.scope.org.uk/discussion/comment/866863#Comment_866863

That's not how it works. If the ESA is all Income Related then there will actually be entitlement to Carers allowance. If carers allowance is claimed then this will mean there's no entitlement to SDP. An underlying entitlement only applies if someone is claiming an over lapping benefit. See link. https://www.entitledto.co.uk/help/severe-disability-premium

TartanTiger

Thanks Jram46,

Its been a few days of hanging on the phone waiting to get a "real" person 😆

Carers Element or Transitional Protection - looking at the figures it would be of financial benefit (in my case at least) to have the couple SDP transitional element rather than single SDP transitional element and the carer element.

But I can see that you can claim the carers element, that may be a better option for others.

TartanTiger

https://forum.scope.org.uk/discussion/comment/866885#Comment_866885

The outcome for me is: Just in case this helps anyone searching.

1. Wait till we're moving and I end the claim for HB & ESA and apply for UC.

(Rent increase would erode the TP if I didn't)

2. Claim for SDP-TP as a couple. It is of more worth financially.

3. ESA has been asked to review the SDP situation. (I have had DLA High Care and then PIP High and then Standard Daily Living) I don't see them backdating it to the start of the claim, although strictly speaking they should. Heaven knows I have 6 box files and 3 lever arch folders that prove that.

I'll play zippy about the government "in the interests of political neutrality" - tho TBH I don't like/trust any politicians.😏

poppy123456

When you claim UC please do not end your ESA or HB, there's no need to do that at all and could cause issues going forward. Once you submit your claim for UC, ESA and HB will be informed that you've made the claim and then your Income Related ESA and HB will continue for a further 2 weeks and then stop.

If any part of the ESA is contributions based this will continue but be deducted in full from any UC entitlement.

When you do claim UC if your ESA includes the couples SDP then your UC will include couples SDP Transitional element. However, if you claim carers element within the first month then you will lose entitlement to couple TE. During your 2nd assessment period you can report changes and then claim carers element.

I don't know if financially it would be better to claim carers element at the start or whether it's better to wait until after your first payment, it will depend on the figures. When you claim carers element as you know the TE will erode by the same amount. If you don't claim carers element then you will be treated as a job seeker because your PIP award will not exclude you from this.

You can report your health condition and provide fit notes to go through the work capability assessment but there will be no financial gain because even if found to have LCWRA, you can only receive one element per claim and your partner will already be receiving it.

I'd advise you to use a benefits calculator and put being a carer in the one calculating and not being a carer in the other and see what the difference is.

I see no reasons at all why the SDP should not be backdated to when you became entitled to it. If they refuse then I'd urge you to challenge that decision.

TartanTiger

Thanks Poppy
Force of habit in cancelling the old benefit, the IB/ESA changeover they tried to pay me both at first (thankfully despite being in a bad way I noticed) So I'll note just to put in the UC claim.

We have never claimed Carers and won't be on UC, but thought I'd check the numbers out of curiosity:

[Couples SDP @ 475.79pm + EDP = 128.04pm]

Totalling 603.83pm

[Single SDP 140.97pm + EDP 128.04pm = 269.01pm] + [Adding Carers element of 198.31pm.]

Totalling 467.32pm

🤨

One last question, sorry I know I'm a pest. Regarding reporting health condition and giving in fit notes. Hubby and I did a WCA when we first claimed, he went straight to support - I was moved after I was asked to attend an advisor, explained my issues and no longer was expected to do any WRA. So is this not required?

The claim for ESA went in late 2013 and started January 2014. We were already getting DLA and have continued through on to PIP continuously. Now that's a scary thought!

poppy123456

If you apply for UC as a change of circumstances then the EDP doesn't apply. You will only be entitled to SDP TP.

As your partner is named on your ESA claim I wouldn't have expected them to have had a WCA unless they claimed ESA in their own right at some point and that claim remained as a credits only claim. If there's no credits only then it's either reporting your health condition or claim carers element. If you go down the report a health condition route then you will be treated as a job seeker while you wait for the decision. It's a work coaches discretion to either turn off or reduce commitments some do and others don't.

The reason you are not expected to look for work now is because that's not how ESA works when you're named on a claim with a partner.

Though as I advised, you can claim carers element in the 2nd assessment period, though you won't be better off as your TP will just erode by the same amount as carers element. This will be the better option than claiming carers element in the first AP.