SDP - “the law” says they can only backdate 13 months?

Tiredbunny
Tiredbunny Online Community Member Posts: 1 Listener
edited April 2019 in PIP, DLA, ADP and AA
It have recently discovered that my son was entitled to Severe Disability Premium from April 2016.  At that time he had a social worker who helped him move into his own flat with supported living.  I had never heard of the benefit and the social worker seems to have overlooked it.

I applied to DWP on his behalf and received a payment covering 12 months backdating.  However I have asked them to backdate to April 2016 but they say “the law” says they can only backdate 13 months if it is your fault that you didn’t claim regardless of the circumstances.

I think this is very unfair as my son is completely incapable of dealing with financial/benefit matters and clearly with his mental health problems he is at a disadvantage.  If his social worker wasn’t aware how on earth is he expected to fathom it.

I have tried to look for a legal authority for their decision but cannot find anything at all.  I called them today to ask for more detail and they said the decision had been made in accordance with the Social Security Act 1998 s109 and Social Security & Child Support Decisions and Appeals Regs 1999 regs 7(2)(b) and 8(3)(b)(1)

I’ve done a google search but can’t find S109 and the latter two sections make no sense to me at all.

Can anyone shed any light on this please?  I may well be just being very thick. ??

Thank you in anticipation.

Comments

  • Antonia_Alumni
    Antonia_Alumni Scope alumni Posts: 1,764 Pioneering
    Welcome to the community  @Tiredbunny I am sorry to hear this, have you been in touch with your local CAB for advice?
    We have some information on finding legal help. I'm tagging @BenefitsTrainingCo and they may be able to shed some light on this. Best wishes.
  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    Hi Tiredbunny,

    The severe disability premium is part of the calculation of certain benefits, such as ESA. It should be included automatically when the DWP calculate entitlement providing they are given all the necessary information.

    I think I would try and get some further advice about this. Contact a local citizens advice office welfare rights team or law centre who will hopefully be able to look into this for you.

    Regards,

    Michael

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