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Will SDP ever get paid on UC

DK30DK30 Member Posts: 11 Listener
edited August 2018 in Universal Credit
I an on LCWRA on UC. I was told I had to claim UC during an esa appeal. I didn't know I could still claim esa basic rate at the time. But never mind what's done is done.  Anyway I won my tribunal which eventually moved me up to LCWRA from LCW. And I was also awarded full PIP during this appeal process.  I know if I were on ESA I would have received SDP. And UC doesn't pay this...
    So does any one know if in the future the DWP will have a change of heart and pay this to disable people. Or is this just one of those losses that we have to deal with on UC.  Sorry if that doesn't make much sense. I suffer with PTSD, FMS and several other health issues. 

Replies

  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi DK30

    these issues have become very complex indeed in this period of change from ESA to UC.

    To keep your SDP entitlement, it would have been  best, as you suggest, to stay on ESA. Any other route normally means that you lose it, and with it about £45 per week (as the LCWRA element pays a bit more than the support group money in ESA, you don't lose the whole £60+). 

    If you can prove that it was the DWP who advised you that you needed to claim UC, then you might be able eventually to get them to agree that you should be paid a different rate of UC, but I must stress that this will be massiveley difficult to achieve and will depend on local arrangements - we hear that things that are outside the regulations do happen on a local level, but you can't rely on this. 

    Probably the only safe option for now is to stay on your existing benefit. 

    The government has stated their intention to put right the loss of SDP for disabled people who lose it on conversion to UC. However, this hasn't been approved by Parliament yet, so no action is yet being taken to put this right in individual cases. 

    You have your UC including the  LCWRA currently, and this is the most you can clam within the current rules at the moment. 

    Hopefully, once there is action to give disabled people on UC back their SDP money, you may be able to claim that you should be included in this action. 

    Sorry, this must be frustrating to hear. 

    Has anyone any better suggestions?

    Gill_Scope 


  • DK30DK30 Member Posts: 11 Listener
    edited September 2018
    Hi @Gill_Scope
    Yes it is frustrating. But kind of what I expected. We can only hope that the government have a change of heart soon. Regarding disabled people on UC. But thank you for your reply. :smile:
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    You're welcome, DK30. Everyone is finding their way through these new regulations and information is hard to find.  Keep asking the questions, because  as things develop, it may look different. 

    Gill_Scope
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi DK30,

    The recent announcements by the minister for work and pensions only affects those who lost the SDP as a result of natural migration to UC.

    At the present time there is no indication whatsoever that the DWP plan to introduce anything like an SDP for people who become qualified (through new entitlement to disability element) once UC is already in payment.

    Just to check - you are on 'full service' UC (i.e. your claim is administered through an online journal not by postal letters), as if not then you can go back to ESA...

    Hope this helps,

    Mary
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • mikehughescqmikehughescq Member Posts: 5,984 Disability Gamechanger
    To be clear, it is now well established that people who were erroneously advised to claim UC have no way out. 
  • DK30DK30 Member Posts: 11 Listener
    Hi @BenefitsTrainingCo
    I was told to claim UC by DWP online. They told me I couldn't be paid basic rate ESA during my appeal. I now know that was wrong information. But because I am on UC now I have to stay on it.  Its just wrong that DWP  give people wrong advise and it ends up that the person loses benefits like sdp because of their poor advise. I accept I can't go back onto ESA  and I've lost out on SDP. You'd think because I won my tribunal for ESA they'd offer me something. The DWP/UC system is just messed up.  In my opinion. 
  • easyeasy Member Posts: 109 Pioneering
    The government say they need to cut costs so I guess this is one way they are doing it.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Never take advice from a DWP call centre, they are purely reading from a screen.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • DK30DK30 Member Posts: 11 Listener
    @poppy123456
    I've learned my lesson. 
  • DK30DK30 Member Posts: 11 Listener
    edited June 2019
    Hello. Just an update from me on my previous post from last year.
    Is it true disabled people already on UC and who lost the SDP because of a natural migration. Will soon be getting sdp payments and backdated payments.

    https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8494#fullreport

    On 16 January 2019, regulations came into force preventing people in receipt of benefits including a Severe Disability Premium from moving onto Universal Credit until the final managed migration stage, when they can receive transitional protection. People who have already moved to UC and lost their SDP are to receive additional payments – both backdated and on an ongoing basis – although these may not fully compensate individuals for the amounts lost. Draft regulations providing for these “SDP transitional payments” are currently before Parliament.
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