Change in circumstances - help!

lcbella

I have recently split with my ex partner. He was the main claimant for our Joint ESA claim. We both receive PIP and the disability premiums that come with ESA. 

I phoned income support to start a new claim as I'm now classed as a lone parent. They said to me that I cannot claim income support because I haven't been receiving the Severe Disability Premium. I tried to explain to them that on my ex partners ESA, he received the couple's rate Severe disability premium so surely that should mean that I was receiving it/entitled to it. But they have said no and told me to claim Universal Credit. 
This would put me in a bad situation money wise as I wouldn't be receiving the Severe Disability Premium that I got when with my ex. 
They have also said that universal credit might reject my claim and send me back to income support as UC may say I am eligible for SDP but won't know until I put a claim in. It's hard dealing with the uncertainty. 
I was just wondering if what they are saying is correct, regarding myself not having received SDP? 
Thanks in advance  

poppy123456

Hi,

You were receiving ESA as a couple which included the SDP so i think the DWP are wrong here. Were you claiming this within the past month? and do you have a child under the age of 5? To claim Income support as a lone parent then your child must be under 5.

Government_needs_reform

Also to add to the great advice @poppy123456 has given you.

This maybe of some use as I'm now sure where you would actually stand?

Please read this here as I know if your on ESA like me single I'm in receipt of SDP and ESA and PIP wouldn't have to claim UC.

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

lcbella

Hi yes claiming within the last month. And yes my child is 2 years old. How can I go about this? I think they will just fob me off again. Should I go to CAB? 

poppy123456

Have you actually put a claim in for Income support or did you just speak to an adviser from DWP? They have a habit of giving out incorrect advise because they are just reading from a screen.

You could ring DWP to ask for a call back from a decision maker and ask them directly.

lcbella

I rang the New claims line, they took my details and said they needed to check to see if I was entitled to it before they even started doing anything. The woman said she needed to speak to someone else/get guidance with regards to my situation and said that because my ex was main claimant, he was the one receiving the SDP (couple rate) and that I was not entitled. 
So haven't actually put in a claim for income support or universal credit yet as wanted the correct info before doing anything.

poppy123456

You were also named on the claim because you were claiming as a couple. The reason your partner was claiming couples rate SDP was because you were also receiving a qualifying benefit and you were entitled to the SDP as well.

Adrian_Scope

Hi @lcbella, are you getting any other benefits at all (housing benefit)?
If you were getting SDP and are still entitled to it (not living with someone who nulls the claim) you should not claim Universal Credit and should be able to still claim legacy benefits. If you claim UC you will lose SDP. 

lcbella

Hi @Adrian_Scope. 
Yes but my ex partner was named on them all as main claimant. (Not sure if this makes a difference)
I was definitely getting SDP, even though it was couple's rate. As I managed to find the ESA Decision makers guide/regulations.
So if I'm right, this states that I have been receiving ESA and I should be treated as eligible still.

Adrian_Scope

Hi @lcbella
That's correct. You only have a limited window of time though because you need to have been in receipt of SDP in the last month. So apply for ESA/JSA, Income Support and housing benefit. Do not apply for Universal Credit. 
Ensure they are aware of your SDP. Let us know how you get on and get some face to face at your local CAB if you'd like support with this. Please keep the time frame in mind though, if it goes beyond the month since you were in receipt of SDP you will lose it and have to claim UC.