Warning if you are applying for backdated SDP and you are in receipt of care from local council they

AliAnne

I applied to DWP for the backdated SDP for my son It turns out that my son wont see a penny of his backdated claim so this is a warning to anyone thinking of going through the hassle of applying for it. I have been in receipt of a direct payment from the council since 2018 and they are claiming that the backdated claim is theirs and are going for the lot. What makes this a very bitter pill was that in was a council benefits advisor who advised me to apply and then after we were told how much my son was to get he copied in the financial assessment team and they consequently told me that they consider the money as income.. and if he had been claiming it at the time the whole amount would have been taken from him anyway as his contribution. I am intending to make a formal complaint against the council about the way this has been done.. in a nutshell the council advised me to apply knowing full well they were going to take the money and so they used me to obtain government funds and they have abused by sons and our mental health in the process. I am utterly furious.. I have consulted the CAB and apparently they can do this but have been advised that the way they have gone about it is not just and very bad form.. they should have told me from the outset that they would be claiming it..

Santosha12

Hi @AliAnne, I'm appalled reading this, I had read your previous thread and of your son's dreams of travel. And I'm sorry this has, so far, been the outcome.

I have no experience of this at all but when I just googled SDP it stated SDP is not classed as income (that was I think AI response though) and something else came up that it can be in treated as income in relation to means-tested benefits.

I know you've contacted CAB but I would also check with 'Turn2Us'. They have quite a detailed section on SDP and links to 'Find an Advisor'. Maybe you could get more specialised advice/opinion.

Finally, I don't know what an Appointee means legally ie responsibilities etc. I had POA for my mum so I understood that very well. If I'd had any question mark, or fight on my hands, about the legality of her payments/money etc I would not have paid it whilst undergoing taking any action or complaint. That's just me though I'm not saying that's the right way but I'd see it as giving me more negotiating ability. They don't have to negotiate anything with you once its paid to them. Of course I'd take proper legal advice though on my stance.

You may feel you've done that and exhausted all options though and I get that. I can't remember the name of it but there is a law councils are under (I'll try and find the name of it) and you may possibly find you can use that in your complaint.

I'm sorry you're going through this and hope that you can overturn this or negotiate a compromise.

Santosha12

It's the 'Public Sector Equality Duty' law which might be worth looking at if making a complaint @AliAnne .

AliAnne

thanks for this reference. We will be making reference to this Public Sector Equality Duty on the grounds of my sons disability.