Can I get the SDP backdated?

tracymc

Hi iv been in recite of dla(middle rate) since 2009 and iv been on esa since 2012 so Dwp told me , but I have recently changed over from dla middle rate to pip enhanced rate (awarded from 31 October 2018) Iv never lived with anyone and no one has ever claimed carers allowance for me and I should have been getting a premium sdp £62.45 pw but I didn’t know about this until yesterday so iv rang dwp and claimed the ib10 form because my dla stopped and changed to pip they said I should here within 7-10 days but does anyone know if I can get any off the sdp backdated? Plz tyvm in advance 

thespiceman

Hello @tracymc   Pleased to meet you .

Thank you for joining and sharing.

Understand benefits are complex and confusing. I would contact CAB for benefit advice. I know they can help with form filling in and anything else.

I am sure there will be some one from our community who may be able to advise.

We are a friendly, supportive community.  Care and share.

Hope that helps.

Please take care

@thespiceman

Ami2301

Hi @tracymc welcome to the community!

Please let us know if there is anything else that we can help you with!

Sam_Alumni

Hi @tracymc

On this post about Severe Disability Premiums, @BenefitsTrainingCo said:

the SDP will be worth an extra £62.45 a week, paid on top of the personal allowance, support component and enhanced disability premium which are already part of income related ESA in the Support Group. The SDP is paid IF you are 'treated as' living alone, AND no-one is claiming Carer's Allowance for looking after you AND you are getting either Daily Living component of PIP. You should get your SDP backdated

But I will ask them to take a look at your circumstances to see if this is applicable to you.

poppy123456

Hi,

It sounds like you were transferred from Incapacity benefit in 2012? Is this correct? If so then it's quite possible that you're claiming just the Contributions based ESA and not Income related. Contributions based ESA is £110.75 per week, Income Related is £127.15 per week, without the SDP. You may have a little transitional protection extra on top but does any of those figures seem right for you?

I'll be able to help you further once you answer that question.

BenefitsTrainingCo

Hi @tracymc
As Poppy correctly identifies, it may be that there was no income-related ESA added to your claim when you went onto it in 2012. This however would have been an error on the part of the DWP, as by the sounds of it you should always have received the income-related element to get your SDP.
If this is the case, then yes you should be able to get it backdated, provided you provided all the correct info to the DWP when you were put onto ESA.
Once you've completed your claim form, I would send it together with a letter asking for the full backdate, based on official error on the part of the DWP.
Hope this helps.
Kind regards,
Mary

tracymc

poppy123456 said:

Hi,

It sounds like you were transferred from Incapacity benefit in 2012? Is this correct? If so then it's quite possible that you're claiming just the Contributions based ESA and not Income related. Contributions based ESA is £110.75 per week, Income Related is £127.15 per week, without the SDP. You may have a little transitional protection extra on top but does any of those figures seem right for you?

I'll be able to help you further once you answer that question.

tracymc

Poppy iv sent in all documents to say no one is living with me a letter from myself confirming this also my son written a letter comfirming that he does not live at my address also iv send in 5 years council tax letters stating I recive single occupancy and they are refusing me again for the 2nd time I don’t know what to do next now they saying something about sister living with me bec I said she looked after me 24/7 maybe it’s this but she has now written them a lettter stating that she does not live with me , I don’t know what else I can do as I’m telling the truth no one lives with me no one gets carers allowance for me and I just didn’t know I was entitled to this benefit for all these years you’ll iv changed over from dla to pip 

poppy123456

It could be because you said your sister looks after you 24/7 but as she doesn't live with you, doesn't claim carers allowance for looking after you and you live alone then there's no reasons why you shouldn't be entitled to the SDP.

tracymc

poppy123456 said:

Hi,

It sounds like you were transferred from Incapacity benefit in 2012? Is this correct? If so then it's quite possible that you're claiming just the Contributions based ESA and not Income related. Contributions based ESA is £110.75 per week, Income Related is £127.15 per week, without the SDP. You may have a little transitional protection extra on top but does any of those figures seem right for you?

I'll be able to help you further once you answer that question.

poppy123456

I'm not sure why you quoted the above without leaving a reply... to further answer your question. If DWP still decide you don't qualify then you can appeal the decision by asking for a mandatory reconsideration if you still think you qualify. Have DWP give a reason why they say you don't qualify? as you live alone, there should be no reason not to qualify.