How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ? — Scope | Disability forum
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How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?

solis
solis Member Posts: 4 Connected
edited February 2018 in Universal Credit (UC)
How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?  This is fundamental to the survival of those of us who are extremely disabled and mainly housebound needing help.  Surely it is illegal to strip away so much from what is already a necessary support.  Can this be taken to court?
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Comments

  • radioman
    radioman Member Posts: 5 Connected
    Its called shafting the people !
  • radioman
    radioman Member Posts: 5 Connected
    It must be illegal surely????

  • steve51
    steve51 Member Posts: 7,154 Disability Gamechanger
    Hi @solis

    Yes I think it is called “S!!!!!!!! on us all” 

    “NO” the “Government & DWP” do as they “Please”

    Please please let me know if I can help you in anyway???
  • poppy123456
    poppy123456 Member Posts: 28,573 Disability Gamechanger
    solis said:
    How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?  This is fundamental to the survival of those of us who are extremely disabled and mainly housebound needing help.  Surely it is illegal to strip away so much from what is already a necessary support.  Can this be taken to court?
    When the transition to UC starts for those already claiming a legacy benefit like ESA there will be a paymant protection in place so they are NOT worse off under UC. This payment proctection hasn't started yet. If a person has a change of circumstances now and has to move to universal credit and they were claiming the premiums, then yes they will be worse off.
  • solis
    solis Member Posts: 4 Connected
    Many, many thanks to you all for your comments, they are much appreciated.  These are dark times for we disabled, sick and elderly and it heartens me to discover so many who are aware and care.  Poppy, I am praying you are correct and I don't lose my SDP or I shall not survive.  Pax Vobiscum.
  • emmaelizabeth123
    emmaelizabeth123 Member Posts: 9 Listener
    Is going to college part a change of circumstance
  • emmaelizabeth123
    emmaelizabeth123 Member Posts: 9 Listener
  • poppy123456
    poppy123456 Member Posts: 28,573 Disability Gamechanger
    Students and benefits are very complicated. If you're receiving Income related ESA then any loans or grants will be counted as income and affect any means tested benefits. If you're attending college or thinking of attending, then yes you do need to tell ESA.

  • kaza814
    kaza814 Member Posts: 7 Listener
    Unfortunately not true. I was on severe disability premium and lost all when moved to UC. Told it doesn't exist on UC and was told I would need a medical as nothing is transferred over. I'm now down about £300 a month. They posted my letter for medical on the 13th my appointment was the next day so I didn't know about but and I have been sanctioned for not attending
  • poppy123456
    poppy123456 Member Posts: 28,573 Disability Gamechanger
    kaza814 said:
    Unfortunately not true. I was on severe disability premium and lost all when moved to UC. Told it doesn't exist on UC and was told I would need a medical as nothing is transferred over. I'm now down about £300 a month. They posted my letter for medical on the 13th my appointment was the next day so I didn't know about but and I have been sanctioned for not attending
    Yes the disability premiums don't exist on UC. There will be a transitional protection payment in place for when the managed migrations start but that hasn't happened yet. When it does then those transferring across won't be any worse off.
    There will also be an announcement made in the near future that for all those that were claiming SDP and had to move to UC because of a change of circumstances will be backdated money but no further announcements have been made since June 2018.
    When you were claiming ESA, if you were in one of the groups when you moved to UC then DWP should have honour your ESA award and placed you into the relevant group for UC, as they haven't then you should put a note onto your UC account and tell them which group you were in when claiming ESA.
  • kaza814
    kaza814 Member Posts: 7 Listener
    I have already done this and they have said it does not matter UC is a completely different benefit that's just the way it works
  • blueboy87
    blueboy87 Member Posts: 69 Courageous
    [email protected] DWP has its own law but people fight their corner and a majority win good luck 
  • poppy123456
    poppy123456 Member Posts: 28,573 Disability Gamechanger
    kaza814 said:
    I have already done this and they have said it does not matter UC is a completely different benefit that's just the way it works
    This is not correct DWP should honour your ESA award. If i find a link i'll post it.
  • aylasnan
    aylasnan Member Posts: 33 Connected
    If I apply now for UC will I lose the SDP? I have the chance to move but its a full UC area. Im hoping as its october 2018 they will not penalise me since thats what the June legaslation said isnt it? I think it implies no one will be made to go on UC until transition period but I have to agree to a new tenancy this Monday coming and they insist I apply for UC. Please help Im so anxious. Ive been waiting years for the right home but may have to turn it down if my money will be dropped.
  • poppy123456
    poppy123456 Member Posts: 28,573 Disability Gamechanger
    aylasnan said:
    If I apply now for UC will I lose the SDP? I have the chance to move but its a full UC area. Im hoping as its october 2018 they will not penalise me since thats what the June legaslation said isnt it? I think it implies no one will be made to go on UC until transition period but I have to agree to a new tenancy this Monday coming and they insist I apply for UC. Please help Im so anxious. Ive been waiting years for the right home but may have to turn it down if my money will be dropped.
    Hi,
    Yes, you will lose your SDP because the changes haven't taken place yet. Further announcements have yet to be made since the June announcement.
  • aylasnan
    aylasnan Member Posts: 33 Connected
  • jude1967
    jude1967 Member Posts: 53 Courageous
    Does anyone no wen it's got a date for it to be passed now it's suppose to be put forward and pass in Nov in parliament in Nov has anyone got clue wat date it's suppose to be
  • poppy123456
    poppy123456 Member Posts: 28,573 Disability Gamechanger
    No further announcements have been made regarding those that transferred to UC and lost the SDP.
  • cat6873
    cat6873 Member Posts: 36 Courageous
    kaza814 said:
    Unfortunately not true. I was on severe disability premium and lost all when moved to UC. Told it doesn't exist on UC and was told I would need a medical as nothing is transferred over. I'm now down about £300 a month. They posted my letter for medical on the 13th my appointment was the next day so I didn't know about but and I have been sanctioned for not attending
    Yes the disability premiums don't exist on UC. There will be a transitional protection payment in place for when the managed migrations start but that hasn't happened yet. When it does then those transferring across won't be any worse off.
    There will also be an announcement made in the near future that for all those that were claiming SDP and had to move to UC because of a change of circumstances will be backdated money but no further announcements have been made since June 2018.
    When you were claiming ESA, if you were in one of the groups when you moved to UC then DWP should have honour your ESA award and placed you into the relevant group for UC, as they haven't then you should put a note onto your UC account and tell them which group you were in when claiming ESA.
    I was claiming ESA and was in the support group and they ignored it. When I failed the residence test I wrote to my MP because I was scared to lose my ESA and I have a letter from the DWP saying that I can keep it as long as my circumstances don't change and this is the letter I will be presenting at the tribunal hearing. They still sent me to another medical and I failed it with nil points. I kept telling them for a whole year that I was in the support group and I got tired of it. They don't listen at all so the solution is to appeal when everything else fails.
  • kami24
    kami24 Member Posts: 402 Pioneering
    solis said:
    How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?  This is fundamental to the survival of those of us who are extremely disabled and mainly housebound needing help.  Surely it is illegal to strip away so much from what is already a necessary support.  Can this be taken to court?
    When the transition to UC starts for those already claiming a legacy benefit like ESA there will be a paymant protection in place so they are NOT worse off under UC. This payment proctection hasn't started yet. If a person has a change of circumstances now and has to move to universal credit and they were claiming the premiums, then yes they will be worse off.
    What about jsa and moving onto UC?? 

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