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

Government_needs_reform

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.

Flossie24

It was automatically awarded. That's why I was so confused. 

Government_needs_reform

@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+

poppy123456

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.

Flossie24

Thanks guys. I'll give them a call

Government_needs_reform

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.

poppy123456

Yes, please do post back and let us know the outcome tomorrow once you've rang them. Good luck.

BenefitsTrainingCo

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

Flossie24

@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.

poppy123456

You shouldn't have to repay back the overpayment if it's an official DWP error.

Government_needs_reform

@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.

Adrian_Scope

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.

- Adrian

Flossie24

@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.

poppy123456

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.

Government_needs_reform

@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.

Flossie24

@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_reform

@Flossie24 Your welcome, and glad to help. Please keep us informed how it all goes..
Remember, mentioning the DWP is depressing enough.

sims911

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 

poppy123456

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?