Forced onto u c
cokeen43
Community member Posts: 23 Connected
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
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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.0
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Just read your other thread here. https://community.scope.org.uk/discussion/60072/working-for-nothing#latestAs 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.
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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,0
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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.c0
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Unfortunately, once you claim UC then it's impossible to go back onto ESA. A person can't claim carers allowance for 2 people.
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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 back0
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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.0
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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"0
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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.
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The user and all related content has been deleted.0
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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. ?1
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The user and all related content has been deleted.1
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Username_removed 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/
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See this CPAG link and scroll down to full service areas. http://www.cpag.org.uk/content/esa-ucThis 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.
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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.2
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No problem . No harm meant and always good to see different people helping.
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Cheers for reply
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