Universal Credit
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Universal credit SDP

aylasnanaylasnan Member Posts: 33 Connected
edited October 2018 in Universal Credit
Hi I have the chance of a council bungalow with the level access shower I need and I have to decide by 8am Monday morning. Ive just seen I will lose my severe disability premium as moving from ESA support group into a full UC area. Read that an amendment in June 2018 says I wont have to go on UC until the managed migration takes over but is this true? The new housing association insists I must apply for UC. Please help?

Replies

  • livonialivonia Member Posts: 74 Courageous
    Is it a different local authority? If so that’s why yu have to apply for uc for housing element. 

    If its same authorityyucan stay on hb. 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi @aylasnan

    what you have read is correct. The DWP have excluded those with SDPs from claiming UC for the moment, even in full-service areas, therefore you will not be eligible to claim UC and will remain on legacy benefits.

    The new Housing Association is not responsible for what benefits you are on, so my advice is just make the new HB claim. With ESA it will just be a change of address.

    Hope this helps. Let us know if you have further issues.

    Mary
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • livonialivonia Member Posts: 74 Courageous
    Hi Mary do yu have a link at all that we cd use to evidence this ? I ask not because I don’t believe you but so I cd use to facilitate any requests I get to apply for uc when I move. I’m expecting to move local authority areas in next six months yu see and all the information I’ve been given including citizens advice is that nothing has been confirmed formally with dwp rules regs . Although they indicated back in summer an intention that those of us in receipt of sdp wouldn’t be moved to uc.

    I’m talking about having a change of circumstances (new local authority) not migration as so far I’ve had nothing about being migrated from 2019 onwards.

    also I’ve had a letter saying that the way my council tax rebate is calculated  will be changing and it sounds like only band a will be paid in full and rest of bands yu have to find the shortfall yourself anyone else heard about this. Something else the govt have snuck in I presume because they have reduced subsidies to district councils ?
  • aylasnanaylasnan Member Posts: 33 Connected
    Thankyou! @Chatterbox .. I really hope this is the case. Ive had so many say its not though including ESA people that I too would like a link etc to show as proof? @poppy123456 interesting..
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi Mary,

    Do you have a link for this please? The reason i ask is because i don't believe that this change has actually taken place yet because no further announcements have been made. I'm going to tag someone that's very knowledgeable with all of this and will be very interested to see what he has to say.

    @mikehughescq please can you advise here? as i don't believe the changes have taken place yet for those currently claiming SDP if a change of circumstances prompts a move to UC, they still have to move regardless of claiming the SDP?

    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.
  • livonialivonia Member Posts: 74 Courageous
    Any updates please
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No, no further announcements have been made since June 2018 and the changes are not yet in place.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I am waiting for the changes to take place myself so that i have a wider area of choice to move house, otherwise i'm stuck with the same local council because i would have to claim UC, even though i also claim SDP.
    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.
  • livonialivonia Member Posts: 74 Courageous
    So they have to be approved in parliament? Has anyone been refused uc when system flags they in receipt of sdp ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    livonia said:
    So they have to be approved in parliament? Has anyone been refused uc when system flags they in receipt of sdp ?
    That's correct and that hasn't happened yet. Nope, not as far as i know because the changes haven't taken place yet so there's nothing to flag.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    livonia said:

    also I’ve had a letter saying that the way my council tax rebate is calculated  will be changing and it sounds like only band a will be paid in full and rest of bands yu have to find the shortfall yourself anyone else heard about this. Something else the govt have snuck in I presume because they have reduced subsidies to district councils ?
    All local councils have their own criteria for CTR.
    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.
  • livonialivonia Member Posts: 74 Courageous
    True yes I know however they usually only do drastic changes when their subsidy reduced by govt 
  • aylasnanaylasnan Member Posts: 33 Connected
    @BenefitsTrainingCo @mikehughescq
    Any official links or confirmation on the above please??
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's as i first thought and my advice was indeed correct, there's no changes in place yet and those that are currently receiving the SDP will still have to change to UC if a change of circumstances happen and their area is a full UC area.


    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.
  • aylasnanaylasnan Member Posts: 33 Connected
    Sadly clear as mud. Was also written before June announcement. Still hoping Mary is right.. we have to have hope..
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It has to be approved and it hasn't as yet. Nothing we can do but wait that further announcement.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
  • aylasnanaylasnan Member Posts: 33 Connected
    So as per paragraph 5 if we want to move now and CANNOT claim UC that would support what the housing benefits officer told me and Mary agreed with... that we stay on ESA and claim housing benefit
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2018
    aylasnan said:
    So as per paragraph 5 if we want to move now and CANNOT claim UC that would support what the housing benefits officer told me and Mary agreed with... that we stay on ESA and claim housing benefit
    I'm not sure where you read that in that link i posted but paragraph 5 reads this... copied from the link above.

    Things will also be a little different for those receiving the Severe Disability Premium (see our guide to SDP). The government announced in June 2018 that the rules will be changed to exclude anyone in this group from making a new claim for Universal Credit until something called transitional protection is in place for them. Theses rules have not yet been put in place but we will update this guide when the details are announced.

    Until it's changed you can only stay on ESA and claiming housing benefit if you stay with the same local council. Which is the reason why i can't move to a different local council until the rules have been changed.
    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.
  • aylasnanaylasnan Member Posts: 33 Connected
    It says it will exclude anyone making a UC claim sooo if we do move to UC area now what happens? ... cant claim UC so what do we claim ????? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Please copy and paste on here the whole paragraph where it states that because i've read through it several times and i can't see what you're seeing. It states that the changes haven't yet taken place....
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Copied and pasted the whole contents of the link and highlight where it says the changes for those claiming SDP haven't yet taken place, paragraph 5.

    Universal Credit is gradually being rolled out across the UK in stages. From 1 January 2018 onwards, whether you will be asked to apply for Universal Credit or existing benefits will usually depend on where you live.

    When your postcode moves to Universal Credit you can no longer make a new claim for tax credits, Housing Benefit or out-of-work benefits like Income Support.

    If you are making a new claim for benefits, or are already claiming benefits and have a change in your circumstances, you may have to claim Universal Credit at some point before December 2018 as the roll out for new claims will have covered the whole of the UK.

    This date does not apply to families with three or more children making a new benefit claim who can continue to apply for existing benefits and tax credits until at least February 2019.

    Things will also be a little different for those receiving the Severe Disability Premium (see our guide to SDP). The government announced in June 2018 that the rules will be changed to exclude anyone in this group from making a new claim for Universal Credit until something called transitional protection is in place for them. Theses rules have not yet been put in place but we will update this guide when the details are announced.

    Once the full roll out for new claims is complete, existing benefit claimants who have not had a change in circumstances will be moved over to Universal Credit at some point from 2019 onwards. A small number will be moved from January 2019 but the main 'managed migration' will start in July 2019 and is currently due to be completed by March 2023. See our What changes might trigger a move to Universal Credit guide for more information.

    You can find out exactly when you could be affected by putting your postcode into our Universal Credit postcode checker.

    What were the rules before 2018?

    Until 1 January 2018 there were slightly different rules in place. There were some areas, called live service areas, that only asked single unemployed people without children to claim Universal Credit.

    If you made a claim in a live service area you will eventually convert to being full service area at the same time as almost everyone else in your area.

    Are you already claiming benefits?

    Existing benefits and tax credits claimants who do not have a change of circumstance (see our What changes might trigger a move to Universal Credit guide) will not be asked to claim Universal Credit until July 2019 at the earliest. The government expects to finish moving existing benefit and tax credit claimants onto Universal Credit by March 2023.

    Are you moving from Housing Benefit to Universal Credit?

    From 11 April 2018, if you are transferring from Housing Benefit to Universal Credit your Housing Benefit payment will continue for an extra 2 weeks after the start of the Universal Credit claim.

    This extra 2 weeks of Housing Benefit is to help with your housing costs while you wait for your first payment of Universal Credit, which will take at least five weeks.

    The payment will be made automatically when you apply for Universal Credit and you don't need to pay it back. It also won't affect how much Universal Credit you get.

     


    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.
  • livonialivonia Member Posts: 74 Courageous
    Poppy123456 I think I’m correct that should I get offered social housing (currently bidding) an d because it will(hopefully) be different local authority back close to family for support that I can choose to stay on Esa support group, sdp and pip : just do change of address and NOT claim housing benefit and wait until the legislation/regs amendment  is passed. It will obv cause hardship and I won’t be able to pay a helper any more etc. Is this a plan ?
  • aylasnanaylasnan Member Posts: 33 Connected
    @livonia why would you not claim housing benefit? Housing told me I could and stay on ESA keeping SDP.
  • livonialivonia Member Posts: 74 Courageous
    edited October 2018
    Because the regs giving us protection for sdp are not confirmed by parliament yet they say on parliamentary news autumn but who knows. if I claim hb in a new area and the one I want to move to is definitely now full uc area  I automatically get switched to uc so Lose sdp plus likelihood of new assessments yet again of whether I am fit to work. If I stay as I am on esa sdp and pip (pip not affected anyway) I will be protected under transitional arrangements when migration starts providing govt pass those regs

    Do let us know if yu are successful claiming housing benefits but All advice I’ve received is it wd be the housing element of universal credit as a change of circumstances ie moving outside your local authority is my choice  (which is what my posts about)
    ie move to a new authority now means yu cannot have old style housing benefits it must be paid under universal credit umbrella which currently means yu lose sdp and get reassessment for disability benefit so more evidence gather form fill and medical. I’ve just had a horrific year of exactly that undervesa and pip so no way I’m going through that again if I can possibly avoid it

    apols for long post but is very complicated at present. 

    I really hope parliament pass the amendment to regs and the worry will be over for so many of us


  • aylasnanaylasnan Member Posts: 33 Connected
    Thankyou. Still dont know why the actual manager of housing benefits said this. So confusing and extremely stressful. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    aylasnan said:
    @livonia why would you not claim housing benefit? Housing told me I could and stay on ESA keeping SDP.
    I've been trying to tell you that they are not correct here. If you move and change local councils you will have to claim UC even if you claim SDP ...why? because the changes haven't yet taken place, once the changes are in place then those claiming SDP will not have to claim UC under a change of circumstances. The link i posted yesterday fully confirms this and i've no idea what you were looking at when you were reading this. If you move before the changes take place then you will indeed find that you were informed incorrectly by your local council and you'll  have no option but to claim UC.
    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.
  • livonialivonia Member Posts: 74 Courageous
    edited October 2018
    I believe as far question is concerned  above please I think I am  I am able to choose not to claim housing benefit and just do change of address for my esa and so keep sdp is that not correct? That was my question on my post 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's extremely difficult to keep up with multiple questions on the same thread, which is why it's always better to start own own post asking questions rather than asking them on other peoples threads.

    To answer your question... if you chose not to claiming housing benefit after you move then it will just be a change of address for your ESA and you'll remain on it. However, wouldn't you be worse off if you didn't claim housing benefit under UC? Maybe using a benefit calculator to speak to your local CAB for a full benefits check may help here.
    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.
  • livonialivonia Member Posts: 74 Courageous
    I have started a new discussion, sorry if it caused confusion.  I can understand the frustration being given incorrect advice.  All we can do is compare the advice given.  I think if you can ask any officer giving you advice for the  link (where they got their information) this advice needs to have a source to the most current regulations whether that be dwp ones or local government (your council's ) you can't go wrong with that.  Don't take word of mouth I suppose.  very very complex system. Hugely stressful.  keep us updated how you get on Ayalsan
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I have just randomly rang a local council in a different area to where i live and said i have just moved area and claim ESA and SDP and would like to claim housing benefit. I was told that because the area is a full UC area then i would have to claim UC regardless of the fact that i claim the SDP. I told the person that i spoke to that DWP have announced about those claiming SDP wouldn't have to claim UC under a change of circumstances... the person told me that the rules are not in place yet and a change of circumstances means claim UC in a full UC area. Unless of course you stay with the same local council and then you can keep housing benefit, ESA and SDP.

    Hopefully DWP will make a further announcement soon.
    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.
  • aylasnanaylasnan Member Posts: 33 Connected
    Thankyou all. Im not being thick or argumentative when I say what I was told. Just desperate. Apologies for keeping on. So, if they announce mandatory migration has started does that mean we can then move and keep SDP immediatly or do we have to wait until they get around to contacting and moving us which Ive heard could take upto 10 years!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    aylasnan said:
    Thankyou all. Im not being thick or argumentative when I say what I was told. Just desperate. Apologies for keeping on. So, if they announce mandatory migration has started does that mean we can then move and keep SDP immediatly or do we have to wait until they get around to contacting and moving us which Ive heard could take upto 10 years!
    No problem. Yes, i totally agree how frustrating it really is but i really didn't want you to move house and then find out the advice you were previously given by your local council was in fact wrong.

    Once DWP make the official announcement that those claiming the SDP  will not have to claim UC when a change of circumstances prompts a move (like a house move to a different local council) then yes you'll know you can move house and not be forced to claim UC because you won't be able to at that point. You'll be able to claim Housing benefit with your new local council, remain on ESA and keep your SDP.

    Managed migration is different, once this starts and it won't be until 2019 at least but possibly much later than that for a lot of people then there will be a transitional protection in place so we won't be worse off. No ones knows yet exactly how they plan to do this and we'll just have to wait until they announce the managed migration plans.
    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.
  • aylasnanaylasnan Member Posts: 33 Connected
    Any chance of the first option being announced in the budget coming up? Sorry, probably a silly question..
Sign in or join us to comment.