AWARDED SDP BUT NOT BEEN BACKDATED 6 YEARS OF ARREARS

Ocean21

Could somebody PLEASE help me:

I Was awarded DLA and Income support around 2009 then migrated over to ESA(ir) around 2014

Then December 2018 i received my first PIP form to move from DLA to PIP. I was awarded standard daily living and standard mobility for 4 years.

Then DEC 2021 i received my PIP review and was awarded standards daily living again but this time enhanced mobility and again for for 4 years.

After mandatory with my PIP review my daily living was increased to enhanced and the award of 4 years remained.

Some months later my mum had a phone call about my benefits. the adviser said on the phone that "Because your son now is in receipt enhanced daily living instead of standard he is now entitled to the SDP. This was therefore backdated from 27 NOV 2021 (The date i returned my PIP Review)

A while later it was brought to my attention on here that it does not matter whether you are on standard daily living OR enhanced. I was told BOTH components entitled me to the SDP.

I constructed a long detailed letter explaining everything, all dates and further information with copies of award letters and most importantly a letter clearly showing how carers allowance Had not been paid for SIX consecutive years.

I waited and waited but had no reply. I contacted them again, no reply. Since DEC 2022 have been constantly sending them letters (to my local office what deals with my benefits) but have not once had a reply.

NOTE: - I have recently (approx. 2 months ago) been transferred over from ESA(ir) to UC. I get exactly the same money, am in the support group (or the equivalent) & receive the SDP as a T.Protection.

I get exactly the same amount of money on uc, am in the support group (or equivalent) & receive the SDP as a Protection.

MINE AND MY MUMS LIVING & CLAIMING CIRCUMSTANCES SINCE 2009 HAVE NEVER CHANGED:

. I HAVE ALWAYS LIVED @ HOME WITH MY MOTHER & NEVER MOVED

. I HAVE ALWAYS BEEN IN RECEIPT OF DLA HIGH RATE CARE & LOW MOBILITY ASWELL AS INCOME SUPPORT. MY MOTHER WAS IN RECEIPT OF THE EXACT SAME ASWELL.

. EVEN WHEN I.S CHANGED TO ESA AND DLA CHANGED TO PIP BOTH ME AND MY MUM HAVE BEEN ON THE EXACT SAME RATES AND NO CHANGE OF CIRCUMSTANCES.

. NO-ONE HAS LEFT OR MOVED THE HOUSEHOLD IN OVER 30 YEARS

CARERS ALLOWANCE: -

Throughout my entire claim since 2009 CARERS ALLOWANCE has been claimed TWICE for me and also my mum (we claimed for each other & both claims were started and ended at the EXACT same time).

The FIRST was when we were on DLA and IS and was claimed approx. 3 years and ENDED IN OCTOBER 2013 (i cant be sure on the date it began)

The SECOND claim for Carers was not made until 2019

• Therefore there was a period of SIX CONSECUTIVE YEARS (2013-2019) where neither carer allowance was claimed for me or my mum but we did not receive the SDP & were always lead to believe we were not entitled to it.

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• Is anyone aware of what i can do about this matter?

• Is there a certain amount of time i have to claim the back payment or does it not matter what length of time has passed?

• Now i have been moved over to UC from ESA(ir) could that stop me claiming back arrears?

Ocean21

**** I have manged to get my bank transactions from MARCH 2006 so can now see the exact dates of what was claimed and when for further info should it help ***

chiarieds

Hi @Ocean21 - & welcome to the community. As far as I'm aware, & from what you've said, then you were entitled to the SDP once you were awarded the daily living component of PIP (& you're correct, it doesn't matter whether it's at the standard or enhanced rate; for the enhanced disability premium, you do need to have the enhanced rate of PIP. For DLA it does need to be at the middle/highest rate), & your Mum also received a similar, so qualifying benefit.

You seem aware that you can't get the SDP if your Mum was claiming Carer's Allowance at the same time, but that leaves a 6 year gap when your Mum wasn't claiming Carer's Allowance for looking after you nor did you receive the SDP.

I believe you can pursue a claim for the unpaid years of SDP no matter how long ago; there are regulations that cover both before (1999 regs) & after PIP started in 2013.

However, I'd suggest you need the help of a Welfare Rights Officer to hopefully get somewhere with a SDP backpayment. You migrating to UC shouldn't affect this. So, try here to see if you can find a local Welfare Rights Office: https://advicefinder.turn2us.org.uk/

SDP isn't automatically applied, but there's an argument to be made that you weren't even aware that you were entitled to it until 2021 so hadn't claimed it between some point in 2013 & 2019.

Kindly let us all know how you get on.

Ocean21

Thank you so much for the advice - that sounds really positive!

I shall use the link provided and once I here back from them let you know how I got on.

Again… Thank you! :D