Must read Restriction on claims for universal credit by persons entitled to a severe disability prem
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Here is the new legal regulations, as from the 16th January 2019.
STATUTORY INSTRUMENTS
2019 No. 10
SOCIAL SECURITY
The Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019
Made
11th January 2019
Laid before Parliament
14th January 2019
Coming into force
16th January 2019
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 42(1) to (3) of, and paragraphs 1(1) and 3(1)(a) of Schedule 6 to, the Welfare Reform Act 2012(1).
In accordance with section 173(1)(b) of the Social Security Administration Act 1992(2), the Social Security Advisory Committee has agreed that these Regulations should not be referred to it.
In accordance with section 176(1) of Social Security Administration Act 1992 and, in so far as these Regulations relate to housing benefit, the Secretary of State has consulted with organisations appearing to her to be representative of the authorities concerned in respect of the proposals for these Regulations.
Citation and commencement
1. These Regulations may be cited as the Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019 and come into force on 16th January 2019.
Amendment of the Universal Credit (Transitional Provisions) Regulations 2014
2.—(1) The Universal Credit (Transitional Provisions) Regulations 2014(3) are amended as follows.
(2) In regulation 2 (interpretation) insert at the appropriate place in paragraph (1)—
““severe disability premium” means the premium in relation to an employment and support allowance under paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations 2008(4) or, as the case may be, the corresponding premium in relation to income support, old style JSA or housing benefit;”.
(3) After regulation 4 insert—
“Restriction on claims for universal credit by persons entitled to a severe disability premium
4A. No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—
(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and
(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”
Consequential Amendments
3.—(1) In article 5A(1) of the Welfare Reform Act 2012 (Commencement No 9 and Transitional and Transitory Provision and Commencement No 8 and Savings and Transitional Provisions (Amendment)) Order 2013(5) before “39” insert “4A of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium) or regulation”.
(2) In paragraph (11) of article 6 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No 21 and Transitional and Transitory Provisions) Order 2015(6) before “39” insert “4A or”.
(3) In paragraph (2) of article 7 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No 23 and Transitional and Transitory Provisions) Order 2015(7) before “39” insert “4A or”.
Signed by authority of the Secretary of State for Work and Pensions
Alok Sharma
Minister of State for Employment
Department for Work and Pensions
11th January 2019
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision restricting claims for universal credit by claimants who are, or have been, in receipt of an existing benefit that includes a severe disability premium.
Regulation 1 provides for citation and commencement.
Regulation 2 contains amendments to the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230, as amended).
Regulation 3 makes consequential amendments that enable those claimants who are prevented from claiming universal credit by virtue of regulation 2 to make a claim for an existing benefit.
An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. This instrument has no impact on the public sector.
S.I. 2014/1230. There are amendments but none is relevant.
S.I. 2008/794. Relevant amending instruments are S.I. 2010/1160, 2011/2425, 2011/2428, 2013/388 and 591, 2014/2888 and 2015/1754.
S.I. 2013/983 (C.41). Relevant amending instruments are S.I. 2014/1452 and 2321and 2017/483 .
S.I. 2015/33 (C.4). Relevant amending instruments are S.I 2015/634 and 2017/483.
S.I. 2015/634 (C.32). Relevant amending instrument is S.I. 2017/376.
http://www.legislation.gov.uk/uksi/2019/10/made
I created one of the campaign election video for Labour, and Jeremy Corbyn,
This is a new version of Emeli Sande, Hope "You Are Not Alone
You can see the video here.
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Replies
Then when the full migration sometime in 2020 onwards and you move over to UC you should or will keep your SDP.
Remember though if your PIP is stopped later on that's when you could also loose your SDP. Hope this helps.
I created one of the campaign election video for Labour, and Jeremy Corbyn,
This is a new version of Emeli Sande, Hope "You Are Not Alone
You can see the video here.
https://m.youtube.com/watch?v=P5o8hRHh9IY
Claimants in receipt of the severe disability premium (SDP) will not be moved onto universal credit (UC) by natural migration if they have a change of circumstances, Alok Sharma Minister of State for Employment confirmed.
The DWP are providing transitional protection to claimants who are moved from ESA to UC via a ‘managed migration process’ beginning in July 2019, so that their income will not immediately drop.
But claimants who have a change of circumstance, such as moving from one local authority area to another – natural migration – before July 2019 begins previously received no such protection.
The latest change in the regulations means that claimants who get the severe disability premium will now only be transferred to universal credit by means of managed migration, with the result that they will qualify for transitional protection and will not have their income reduced.
All we now need is get UC stopped alltogether……BUT.
I created one of the campaign election video for Labour, and Jeremy Corbyn,
This is a new version of Emeli Sande, Hope "You Are Not Alone
You can see the video here.
https://m.youtube.com/watch?v=P5o8hRHh9IY
http://www.legislation.gov.uk/uksi/2019/10/made
I created one of the campaign election video for Labour, and Jeremy Corbyn,
This is a new version of Emeli Sande, Hope "You Are Not Alone
You can see the video here.
https://m.youtube.com/watch?v=P5o8hRHh9IY
So sorry to hear that! Did your ESA stop after an assessment?
Are you already claiming UC?
Happy days n thank you to all that's helped.... If your going thro it don't give up you can win them too!
I'm proof of that xx
2. The transitional SDP amount, calculated by reference to the date of the determination, is—
(a)in the case of a single claimant —
(i)£80, if the LCWRA element is included in the award; or
(ii)£280, if the LCWRA element is not included in the award;
(b)in the case of joint claimants—
(i)£360 if the higher SDP rate was payable and no person has since become a carer for either or both of them,
(ii)£80, if paragraph (i) does not apply and the LCWRA element is included in the award in respect of either or both of them, or
(iii)£280, if paragraph (i) does not apply, the LCWRA element is not included in the award in respect of either or both of them and—
(aa)the lower SDP rate was payable, or
(bb)the higher SDP rate was payable but a person has since become a carer for one of them.
3. The Secretary of State must decide the manner in which the transitional SDP amount is to be paid, which may include payment of a lump sum covering all assessment periods preceding the determination under paragraph 1 and monthly payments thereafter."
I receive ESA (income based) and am in the support group. I also receive PIP at both enhanced levels and my partner receives Carers Allowance so do not qualify for SDP, although I did receive it as part of Income Support prior to ESA transition.
my question is: when UC is fully rolled out will I have to then supply Sick Notes and will my payment reduce as I’m not in receipt of SDP element of ESA?
sorry to be so long winded?
its such a turbulent time for most not knowing where they will end up and which payments will change. Thank you!
sorry, I forgot to also ask if SDP can be applied for instead of carers allowance? Am
i correct in believing that If SDP is in payment, that this will prevent a transition to UC from ESA?
New here looking to research SDP backdate.
I hope you don't mind me asking on this thread but it's the most relevant I've found so far.
I care for a gentleman who received a lifetime award of DLA higher care, standard mobility & was in receipt of IS then moved to ESA.
He migrated to PIP where they found he didn't qualify for mobility as the claim was on mental health grounds.
He cancelled his ESA claim in November 2016 as he inherited over the savings threshold.
In December 17 when he went to claim ESA he was told that he needed to apply for UC - which he did and has been awarded the limited capability premium and has been on ever since.
My question's are;
Should he have been entitled to the disability premium whilst under the old style ESA (I believe he met the criteria with the old awards)
If he should have been awarded the premium, will this be backdated and paid to him now that he is on UC?
Should he be cancelling his UC and request to return to ESA & claim housing benefit?
And lastly, would SDP have made a difference to his HB&CTS/R claim?
(please not that a recent PIP review has now decided he does qualify for standard mobility - I don't know if this makes any difference to the above)
Sorry for the long post and amount of questions, you just seem to know what your talking about here
Thank you in advance
Sorry, it was late and I thought here was best at the time.
Yes he lives alone and No, I don't receive carers allowance for him.
Looking back through his ESA statements, he did not receive SDP.
Is this something we need to bring up or wait for the DWP?
Thanks again.
It is a bit of a long read for me above and I hope I am not duplicating with my post, but I am sight impaired and in need of some help.... here is the crux of the matter though...
As I read the original post am I right in thinking:
'(3) After regulation 4 insert—
“Restriction on claims for universal credit by persons entitled to a severe disability premium
4A. No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—
(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and
(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”'
The word entitled does not mean actually claiming? ....
Here is the story so far... (I will keep it as brief as I can)
As of 21 January 2019, I split with my long term partner and so realized that I need extra help with my living costs (her income had prevented me claiming any benefits other than 'contribution based Employment and Support allowance and higher rate carers part of PIP) I spoke to the local council (in my case East Lindsey as I lived in Skegness) and was promptly told that I needed to apply for universal credit. Believing this was the right thing to do .... and not knowing that I was 'entitled to Income related ESA and SDP.... I applied for UC. After a long time trying to sort all that out (UC is not the easiest of benefits to get sorted out it seems) and relying on friends and relatives for help and support, in December 2019 I went to CAB Skegness to inquire if there was any other help I could get.
They said I should never of been put on UC and spoke to ESA who promptly sent out a form for me to complete. I finally got this completed and sent to them by the end of January 2020. They phoned and left a message that basically said that II would not be considered to change from UC as I was not in receipt of SDP before my claim for UC.
However as I read the original document and highlight above, I was 'entitled' to SDP ..... Am I reading that wrong... must I have actually been receiving the benefit, or like in my case, although I was misled at a time when I was very vulnerable, I was 'entitled' to it and so should be receiving this benefit rather than being forced onto UC?
I hope that is clear and concise enough? Any more information, I can freely give...
Please if someone could help if it is possible for me to appeal the decision as I cannot get all the help I need based on the money I get from UC.
Many thanks for taking the time to read!
Matt