Forced onto u c

cokeen43

I moved area and was forced onto u.c, thinking i would go back to esa because i have been on a legacy benefit for years on support group getting sdp, to my horror i was not automatically sent back because esa had not been paying me sdp for 6 months, anyway ive now lost that with u.c and neither are taking responsibility for this, but i lose out; is there anything i can do about this

poppy123456

Hi,

To claim the SDP you must be claiming either Mid/high rate care DLA or PIP daily living. Did any of those benefits stop in those 6 months?

Unfortunately because you claimed UC then you can never go back onto the old benefits. There's nothing you can do that will help you get back onto ESA.

poppy123456

Just read your other thread here. https://community.scope.org.uk/discussion/60072/working-for-nothing#latest

As someone is claiming Carers allowance for looking after you then that will have been the reason your SDP stopped because you were no longer entitled to it.

Eligibility rules for claiming SDP are... you must live alone, or be classed as living alone and no one must be claiming carers allowance for looking after you. Hope this helps.

cokeen43

Im getting pip daily living both esa and u c have admitted they have made a mistake with me but neither are willing to take responsibility u c should of directed me straight back but for 3 months have argued i was getting sdp i had to do there job, 

cokeen43

I wasnt clear enough on my carers post he does not get it for me but he does for my daughter but cares for us both and gets nothing extra i have to pay out my u.c to cover costs as they take all carers out his u.c

poppy123456

Unfortunately, once you claim UC then it's impossible to go back onto ESA. A person can't claim carers allowance for 2 people.

cokeen43

I no that already but he is carering for 2 people for nothing as they take his carers allowance out his u c, and its not impossible if you was forced on u.c after jan 19th 2019 and getting sdp of esa then u.c has a duty to send you back 

poppy123456

You said you weren't claiming SDP for 6 months but didn't realise? Why did it stop?

Were you living with a partner or living alone?

There must be a reason why it stopped. The reason you were able to claim UC after 16th January 2019 was because you weren't claiming the SDP.

I explained on your other thread about the carers allowance being deducted from the UC £1 for £1, you can't claim carers allowance twice which is why it's deducted. He needs to make sure they are adding the carers element.

cokeen43

Yes living alone and esa have said it was there mistake why i did not get it and i was one that just "slipped the net" 

poppy123456

Regardless of whose mistake it was when you claim UC it's impossible to go back onto any of the old legacy benefits. You maybe eligible for some backdated money when the regulations come out for those that transferred onto UC before the SDP rules came out. Unfortunately, there's been no further updates regarding this.

[Deleted User]

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mikehughescq

It is absolutely possible to turn the clock back to legacy benefits in certain very limited circumstances. You may want to have a conversation with Citizen Bradshaw.

https://www.rightsnet.org.uk/forums/viewthread/14193/

Naughtynan

I was on income support but when my son lost his PIP, I got moved to UC. We won the PIP apeal but I can't go back to income support. My benefits have halved on UC. That's the way it is for everybody. I blame the Tories for implementing this system. If it weren't for my son's and my PIP we would starve sitting in a darkened room. 😞

[Deleted User]

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GG44

mikehughescq said:

It is absolutely possible to turn the clock back to legacy benefits in certain very limited circumstances. You may want to have a conversation with Citizen Bradshaw.

https://www.rightsnet.org.uk/forums/viewthread/14193/

Yes , I heard so myself. Poppy123456 seems so adamant that she is right and the person cannot go back on Legacy Benefit though.

poppy123456

See this CPAG link and scroll down to full service areas. http://www.cpag.org.uk/content/esa-uc

This was taken from the above link.

Full service areas

In a full service area, income-related ESA will be abolished for her/him if s/he claims UC, or tries to make a new claim for JSA or for ESA. It makes no difference whether such a new claim is made before or after a request for mandatory reconsideration or appeal. From that point, s/he cannot be entitled to income-related ESA, even if s/he successfully challenges the WCA failure. The result is likely to be a claim for UC, so making the migration complete. The key advice for any claimant wishing to avoid migration to UC is not to make a new claim for UC, ESA or JSA.

poppy123456

Under normal circumstances it is not possible to claim go back onto ESA once a claim for UC has been made, which is the reason why i gave the advice i did. If i had seen mikes comment, i would have commented myself.

GG44

No problem . No harm meant and always good to see different people helping.

Hart86

It takes a very rare and exceptional case to go back onto legacy benefits and to advise that it is possible would be wrong!! You can not to back on to legacy benefits once you’re on universal credit. As @cokeen43 wasn’t receiving SDP when she applied her claim went through and was accepted by universal credit. Once parliament finish arguing over how to address the issue of SDP on universal credit she’ll be able to get it looked at and hopefully backdated.

GG44

Cheers for reply