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SDP
![[Deleted User]](https://us.v-cdn.net/6027153/uploads/defaultavatar/nYQHP2NSOZ2I4.jpg)
Hello all, after 14 months of battling to get PIP, I finally won my day in court. Now, I am on UC, ESA, support group, PIP both components. I rang all concerned to inform them of PIP award. When I spoke to ESA, I asked about the SDP as I live alone with no carer. They told me that Universal Credit now deal with that and to ask them. I have asked many times through my journal but have not had a reply. Am I entitled to this or not? No one seems to know. My PIP was backdated to June 2017. Any info gratefully received, thank you.
Replies
As you're claiming both ESA and UC, your ESA must be contributions based yes? If it was Income related then you would be claiming UC for limited capability for work and not ESA. In this case as it must be CB ESA then unfortunately the premiums aren't paid on this or Universal credit.
As stated the premiums, including SDP are not payable on UC and as you're claiming CB ESA they aren't payable on the either.
Yes LCWRA is support group. But you don't get SDP on Universal Credit. I am on LCWRA and enhanced PIP and not entitled to SDP. LCWRA pay more than the ESA support group. You do lose about £40 per week on UC. But hopefully one day the government will have a heart and not punish us that have to claim UC.
It sounds like bigmomma has an ongoing claim to universal credit now.
There are no premiums in universal credit (UC). They weren't written into the regulations. The limited capability for work related activity (the old support group component) is higher in UC than in ESA, but there is no actual acknowledgement of disability on its own.
What I've written below might apply to you.
The recent cases taken to judicial review by the law firm Leigh Day were won - the government has had to announce that they want to make sure that people entitled to Enhanced Disability Premium or Severe Disability Premium, in their ESA claims, or both, don't lose out in the transfer to Universal Credit, even if they transfer to UC at an early stage.
The regulations haven't gone through parliament yet, so we don' t know exactly what they will say, however. Some people will have their benefit entitlement "transitionally protected", which means that they will continue to get the amount of money they used to have under old rules.
It isn't clear whether there will be any extra payments for people who weren't claiming income-related ESA before they had UC, for example where the only reason that they couldn't get ESA was that they had been refused PIP, but that decision had since been overturned.
Another example of people who have lost money because of UC is people like DK30 who were wrongly advised to claim UC pending an ESA appeal, and then couldn't go back to ESA even though they won their ESA appeals.
Do keep this in mind, and watch for further developments, as it may for example either be in the regulations when we get them, or be the subject of further legal action in the future. We seem to be at a stage where some of these injustices are getting to be the subject of legal action, and that legal action is succeeding.
Gill_Scope