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.

Are you still entitled to managed migration if you move home?

Flossie24Flossie24 Member Posts: 18 Connected
edited April 2019 in Universal Credit
If anyone at all could help me I would be so unbelievably grateful.

I am currently receiving ESA (Support group) as well as PIP. Which was a very long process but I got there in the end. And am currently in the group that will be part of the natural migration and protected under transitional protection. 

Anyway my question is this. Given my circumstances would moving home constitute as a trigger and force me to apply for universal credit and lose my transitional protection. 
I so don't want to jeopardise my transitional protection as it took so long to get here. But I'm still living at home with my parents at 26 and would like to become more independent. I have a social care worker and support and a place that I can afford has become available literally a minutes walk away from my current home, so its absolutely perfect for me. I hate the idea that I have to put my life on hold for 1,2,3 years or however long it will be before the managed migration. They say that it will be July this year at the earliest and by March 2023 they will be done !!

When can I move? Do I have to wait until I'm on UC? and does it make a difference if I'm not currently claiming housing benefit?

I've tried looking around for an answer and have found conflicting information and I'm more confused than before so any help would be amazing.

Thanks 

Replies

  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    Please read this here, you should be ok to move and won't need to move to UC yet.

    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.

    Full details here http://www.legislation.gov.uk/uksi/2019/10/made
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Flossie24Flossie24 Member Posts: 18 Connected
    Thank you Goverment_needs_reform (amazing name by the way). I'll have to get some conformation from someone but that looks really promising. And seems like it was done fairly recently so it makes sense that there is conflicting information out there. Thanks again !
  • Ami2301Ami2301 Member Posts: 7,447 Disability Gamechanger
    Hi @Flossie24 welcome to the community! Let us know if you have any further questions :)
    Disability Gamechanger - 2019
  • Flossie24Flossie24 Member Posts: 18 Connected
    Ami2301, Thank you, will do  :)
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    edited April 2019
    Flossie24 said:
    Thank you Goverment_needs_reform (amazing name by the way). I'll have to get some conformation from someone but that looks really promising. And seems like it was done fairly recently so it makes sense that there is conflicting information out there. Thanks again !
    @Flossie24 Glad to help, I'm glad you like my username its appropriate in this day and age with this government🤣🤣🤣🤣

    That above is all the official legislative government legislation.

    You will be ok now, if the try to fob you of just quote that all above.👍

    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Flossie,
    first of all, everywhere has UC now - but you only have to claim it if you’re making a new claim & you can’t claim the old benefits it replaces.

    My advice would be as follows:

    if you move to supported accommodation you can still claim housing benefit & keep all your other benefits. You should check with the tenancy provider whether the accommodation is supported, as it can depend on who your landlord is, but for example if you rent from a housing association & there’s any element of support or supervision you can claim HB & avoid UC

    if that is not the case, but you will be living alone when you move & no one will be claiming carer’s allowance for you, then as soon as you move you could add the SDP (severe disability premium) to any existing award of income-related ESA that you have. You won’t be getting the SDP at the moment because you live with your parents. I’m assuming here that you are getting PIP daily living component. If this applies (you are entitled to the SDP as soon as you move), the regs quoted above mean you can’t claim UC and could claim HB instead, just keeping your other benefits as they are now but with the extra SDP.

    If neither of these things apply (you are not moving to supported accommodation, or you don’t live alone, or someone will be claiming carer’s allowance because they care for you), then I’d avoid moving for the time being as you wouldn’t be able to get help with your rent without claiming UC.

    As long as you avoid UC due to a change of circumstances (called natural migration) then when managed migration reaches you (we don’t know exactly when/where they will do this, but it won’t be before January 2020 unless you live in Harrogate in NorthYorkshire) the amount of money you get will be protected when you do have to claim UC.

    I’m sorry it’s so complicated. You are right to be cautious. Let us know if you have any further questions. I hope you can take the tenancy which is so near your current home but do make sure you’re protected from UC first. If possible, get welfare rights advice locally; your social care worker may be able to suggest somewhere that can advise, or you could try the CAB. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    The advice that my dear friend above @Government_needs_reform has given you is indeed very good advice however, this doesn't apply to you because i see from your post that you live with your parents at the moment, am i correct?

    Living with your parents could possibly mean that you're not currently receiving the Severe disability Premium (SDP) (for living alone) Unless both your parents are also receiving a qualifying benefit such as PIP daily living or DLA mid/high rate care or Attendance allowance. Also if either of them are claiming carers allowance for looking after you then you definitely won't be claiming the SDP.

    If you're not claiming the SDP them i'm afraid moving house and needing to claim housing benefit for help with rent will mean that you will have to claim UC because you won't be one of those that's excluded from claiming UC under the rules above. Transitional support protection for those not claiming the SDP doesn't start until at least July this year.

    Are you planning on moving before July this year? If so then When you do move if no one is currently claiming carers allowance for you then i'd urge you to start a claim for the SDP by contacting ESA BEFORE doing anything else like claiming UC.

    If you claim the SDP first, which can take 3-4 weeks, maybe less if you start the claim over the phone rather than asking them to send you the form. Wait for payments to start with this and then claim housing benefit because once you claim the SDP then the rules above will apply to you. Doing it this way will mean that you won't be claiming any help with your rent until the SDP is in payment BUT once you do claim housing benefit it can be backdated 1 month.

    If you move after July this year then things maybe different by the for those currently claiming the SDP because if managed migration has started by July then those claiming SDP may possibly need to claim UC with a change of circumstance because the transitional support protection will be in place for everyone once managed migration starts.


    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.
  • Flossie24Flossie24 Member Posts: 18 Connected
    Hi Flossie,
    first of all, everywhere has UC now - but you only have to claim it if you’re making a new claim & you can’t claim the old benefits it replaces.

    My advice would be as follows:

    if you move to supported accommodation you can still claim housing benefit & keep all your other benefits. You should check with the tenancy provider whether the accommodation is supported, as it can depend on who your landlord is, but for example if you rent from a housing association & there’s any element of support or supervision you can claim HB & avoid UC

    if that is not the case, but you will be living alone when you move & no one will be claiming carer’s allowance for you, then as soon as you move you could add the SDP (severe disability premium) to any existing award of income-related ESA that you have. You won’t be getting the SDP at the moment because you live with your parents. I’m assuming here that you are getting PIP daily living component. If this applies (you are entitled to the SDP as soon as you move), the regs quoted above mean you can’t claim UC and could claim HB instead, just keeping your other benefits as they are now but with the extra SDP.

    If neither of these things apply (you are not moving to supported accommodation, or you don’t live alone, or someone will be claiming carer’s allowance because they care for you), then I’d avoid moving for the time being as you wouldn’t be able to get help with your rent without claiming UC.

    As long as you avoid UC due to a change of circumstances (called natural migration) then when managed migration reaches you (we don’t know exactly when/where they will do this, but it won’t be before January 2020 unless you live in Harrogate in NorthYorkshire) the amount of money you get will be protected when you do have to claim UC.

    I’m sorry it’s so complicated. You are right to be cautious. Let us know if you have any further questions. I hope you can take the tenancy which is so near your current home but do make sure you’re protected from UC first. If possible, get welfare rights advice locally; your social care worker may be able to suggest somewhere that can advise, or you could try the CAB. 

    Will
    Hi, thanks for the advice!

    Odd that you said about the severe disability premium as I do currently receive that. It came in when I was awarded my PIP (I didn't even know it was a thing before then so it was a pleasant surprise).

    I'll have to discuss supported living with me social worker, thanks.

    I will be living on my own. So does that mean that my benefits won't change and I could just add housing benefits on top of it. And what does that mean for when I am moved over to UC ? will I still be protected?

    Sorry for so many questions its just needlessly confusing.

    I've also tried to get in contact for the past couple of weeks with my local money advice unit that have me on there books but they haven't gotten back to me. So I thought I'd ask on here
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    Thanks for that @poppy123456 I should have added and forgot the bit in about the SDP😢 then I should have said if they was moving soon would be able to claim SDP and they then could keep on ESA and not UC.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger

    Are you 100% sure you're claiming the SDP in with your ESA payments? As i advised, unless both your parents are receiving a qualifying benefit then you won't be entitled to this extra money. SDP is around £65 extra per week on top of your ESA. If you're in the Support Group for ESA then this should bring your weekly payments to approximately £191 per week. (single person)

    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.
  • Flossie24Flossie24 Member Posts: 18 Connected
    edited April 2019
    @poppy123456

    I'm absolutely sure, I had a letter through from them explaining it all. It started last October I think.  They know I live with parents. From what I understood at the time it was down to the amount of points I was awarded with my PIP claim.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
     I really do think you're confusing this with something different. If you are claiming this and your parents aren't claiming a qualifying benefit then i'm afraid you shouldn't be claiming it. This link explains the SDP and what it is. https://www.turn2us.org.uk/Benefit-guides/Severe-Disability-Premium/What-is-a-Severe-Disability-Premium

    May i ask how much ESA you receive each week or fortnight?
    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.
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    As @poppy123456 stated it should be around £191 before the updating letter in April, it now should now be £194+ and it will be added with you ESA not in with PIP?
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Flossie24Flossie24 Member Posts: 18 Connected
    @poppy123456 now I really feel like my head is about to explode. I get £191.45 each week with my ESA
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Flossie24 said:
    @poppy123456 now I really feel like my head is about to explode. I get £191.45 each week with my ESA
    That does suggest that you're claiming the SDP. Do both your parents claim either PIP daily living, DLA mid/high rate care or attendance allowance? If they don't then you claiming the SDP is an error and i'd advise you to ring ESA to tell them.
    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.
  • Flossie24Flossie24 Member Posts: 18 Connected
    I just spoke to my mum and we did call them to check when the money first came it because I'm so nervous of over claiming and that didn't seem right at all. They looked at my claim and said that it was fine.
    I'll have to call them and double check because I'm really nervous now. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm assuming both of them don't claim a qualifying benefit because you haven't answered that question.

    This will be an error but it will be their error because they shouldn't have awarded the SDP to you because you live with your parents. This means that you shouldn't have to pay it back but the extra money will stop.
    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.
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    That's a little confusing if your parents don't claim PIP or DLA and you living there. SDP is paid if you living on your own and no one claims careers allowance for you.

    Id be a little concerned if I was in that situation @Flossie24 @poppy123456 is also right in advising you too.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Flossie24Flossie24 Member Posts: 18 Connected
    No they don't recieve anything. Sorry I didn't say.

    I'm just so annoyed with them because they know I live with parents, I've filled in enough forms for them to know :) and I called after they awarded it because I was so confused. My mum even spoke to them. God its such a nightmare. I'll call tomorrow. thanks so much for the advice, its reassuring that I might not have to give it back because I don't have to money to do that.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome. When you ring tell them that you're claiming the SDP but you're living with your parents and you shouldn't be claiming it.

    Did you apply for it or was it automatically awarded to you? Usually with SDP it's not automatically awarded because of the criteria.
    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.
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    edited April 2019
    Oh @Flossie24 I didn't think they did. What I would do is call the DWP and explain what's gone on I can't give you the answer as to what they will do, but if it's their mistake you shouldn't be liable if it's the DWP fault but it's the DWP your dealing with.

    I wouldn't just leave it. @poppy123456 do you have any further advice on this.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Flossie24Flossie24 Member Posts: 18 Connected
    It was automatically awarded. That's why I was so confused. 
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    @Flossie24 I'm surprised it was automatic as usually you would have filled in an IS10 form or done it over the phone?

    Mine was over the completed over the phone.

    Have you checked your ESA amount from the April updating letter, if so, it will show the SDP & total to £194+
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'm also very surprised it was automatically awarded too. I have no further advice than what we've given above but @Flossie24 you will need to ring DWP first thing tomorrow morning. Official errors made by the DWP should not have to be repaid but as i advised, the SDP will stop.
    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.
  • Flossie24Flossie24 Member Posts: 18 Connected
    Thanks guys. I'll give them a call
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    Flossie24 said:
    Thanks guys. I'll give them a call
    Please post back and  let us know how you get on @Flossie24

    We wish you go luck and hope it's goes okay for you. Good luck.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes, please do post back and let us know the outcome tomorrow once you've rang them. Good luck.
    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.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Poppy, Government needs reform & Flossie,

    Sorry this has all opened some floodgates! But better to spot this now. I agree with the above...unless your parents are also on disability benefits (PIP daily living, DLA care component middle or higher, or AA), then they are what are called non-dependants (in relation to you), so the SDP shouldn't be included. 

    As Poppy has advised above, that means your irESA will go down again once you tell them. But I also agree that it is the DWP's mistake, so the extra money they paid you isn't recoverable & you should stand firm on that (ie you don't have to pay it back). 

    Once you move, and you are living on your own, then ring DWP again, get the SDP added back on, and THEN you are protected from UC, and you can't claim it, as long as no one is claiming carer's allowance for you.... So that's the last point I wanted to check. When you move, is there anyone who will be claiming CA for you (whether they are already claiming it now, or not?) To be able to claim HB you need to meet all the SDP conditions:

    getting qualifying benefit (PIP daily living, standard or enhanced)
    living alone (some people don't count, for example other people on PIP daily living etc, which is why Poppy asked)
    no one claiming carer's allowance in respect of care they provide for you.

    As long as you meet all 3 conditions, then once you move in you can get the SDP added back to your irESA and claim HB.

    Hope it all works out...

    Will

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Flossie24Flossie24 Member Posts: 18 Connected
    @poppy123456 @BenefitsTrainingCo @Government_needs_reform

    Hey sorry its taken forever to give you guys an update, as you can imagine it has been and continues to be a bit of a nightmare. 

    So called the DWP the day after talking to you all. I can't speak on the phone so my mum sat with me and did it. We were on hold for 1 hour 40 odd until it hit 6 pm so we hung up as they would be closed.
    So we rang the next day and had a similar waiting time before someone picked up and spoke to us. They said that I probably shouldn't get it, but given that it was automatically given I might be allowed to receive it. So she emailed my information over to the benefits team to look over and told me that they would get back to me within 5 days. 
    They never did so we had to call them back and was told that there was indeed an error and they would be taking the money off future payments and had marked it down as an overpayment. They did this on the 25th and I still haven't heard from them. I don't know if I have to give the money back or whats happening. Neither did the woman we spoke to at the DWP. So now I'm just in this weird place where I have no idea what is happening. 

    Thanks for letting me know anyway. But my god is it so much more difficult than it should be.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You shouldn't have to repay back the overpayment if it's an official DWP error.
    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.
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    edited May 2019
    @Flossie24 Sorry to hear all this, the DWP phone lines are a joke.
    We was wondering how you got on and I thought it was not right you getting the SDP.

    I have to agree with what @poppy123456 has stated, it's the DWP fault (not yours) I think it's best if you can sought going to CAB (citizens advice) or a law centre in you area. Fight this, but get legal help with this.

    Being automatic I'm very surprised that it was?

    I hope you can get this sorted. How long do they say it's an overpayment.

    Please let us know how you get on.




    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,934

    Scope community team

    Hi @Flossie24! Can I just ask what your situation is now? Are you still getting ESA and living with your parents? (And are not in receipt of UC?)
    If so, you can move out, have SDP re-applied to your ESA and then claim housing benefit. You won't have to claim Universal Credit at all.
    I'm sorry to hear you're struggling to find out what's going on regarding your over-payment. It does sound like an error on their part. Please keep us updated. :smiley:

    - Adrian
    Senior Community Partner
    Scope

    Your feedback is really important to the development of the online community, so please remember to complete our online community annual survey
  • Flossie24Flossie24 Member Posts: 18 Connected
    @poppy123456 @Government_needs_reform

    I spoke to my money advisor at the council and she agrees with you guys that I wouldn’t have to pay it back. It’s just frustrating not knowing whether there is a discussion I need to fight or not. They’ve said that they will help me and appeal it on my behalf but we can’t really do anything until I hear from the DWP what they’ve decided to do.

    The overpayment is from August last year!  so it’s seriously not something I can pay back. 

    @Adrian_Scope Still the same situation, living with parents and claiming esa. They’ve just taken the SDP off. Moving out and claiming it back before housing benefit is the plan. Hopefully soon too.

    What’s the process of having the SDP re-applied does anyone know? I wouldn’t have a clue how to go about doing it.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Flossie24 said:

    What’s the process of having the SDP re-applied does anyone know? I wouldn’t have a clue how to go about doing it.
    You'll need to wait until you move out then claim it BUT you won't be able to claim housing benefit until the SDP is in payment which could take at least a few weeks. Once it's in payment then you'll be able to claim housing benefit and ask for it to be backdated to the date you moved into the property.
    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.
  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    edited May 2019
    @Flossie24 thanks for letting us know.

    Stick to your guns over this, as it's not your fault, they will, the DWP contact you soon.

    Its a fair few months worth, get you Support worker to help you sort it.

    Re apply when you move into you own home and you have proof you live alone, then phone them ESA up to get SDP reinstated as then you need to ask for, or do it over the phone which can also be done. The form you need is the IS10. I did mine over the phone.

    Good luck and keep us informed.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Flossie24Flossie24 Member Posts: 18 Connected
    @poppy123456 @Government_needs_reform

    thank you all for just being so geniuenly lovely and generous with your advice. 

    I will stick to my guns. I usually tend to just crumble and give in but I’m not going to with this one.

    You’ll get it though I’m sure. It’s just frustrating that every time you feel like you’ve come to the end of things to deal with something else comes up. It won’t be too long until I have to think about reassessments on things, it’s just maddening. I’m sure it’s making me more sick. Anyway rant over. Thank you guys again.

  • Government_needs_reformGovernment_needs_reform Member Posts: 858 Pioneering
    @Flossie24 Your welcome, and glad to help. Please keep us informed how it all goes..
    Remember, mentioning the DWP is depressing enough.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • sims911sims911 Member Posts: 2 Listener
    Can someone tell me the best way for me to get my back pay for SDP from December 2018 till present cos am on my own up here with no home now over this and had a carer who only knows me cos I was sleeping in the bottom of her garden since dec 2018 and helping me eat clean apointments with that money she couldn't help me no cos she can't afford it I don't know how long I've got in this condition where are the human rights other way round I be arrested so if anyone knows when I get back what I should be getting and thanks to everyone on this site has given me hope thank you all let's fight for are right bye 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    sims911 said:
    Can someone tell me the best way for me to get my back pay for SDP from December 2018 till present cos am on my own up here with no home now over this and had a carer who only knows me cos I was sleeping in the bottom of her garden since dec 2018 and helping me eat clean apointments with that money she couldn't help me no cos she can't afford it I don't know how long I've got in this condition where are the human rights other way round I be arrested so if anyone knows when I get back what I should be getting and thanks to everyone on this site has given me hope thank you all let's fight for are right bye 
    Hi,

    To claim SDP you need to be living alone or classed as living alone and claim qualifying benefits. What benefits do you claim? Are you homeless?
    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.
Sign in or join us to comment.