ESA & Universal Credit

poppy123456

Right, thanks for confirming that. I help so many people here, i forget the exact circumstances of everyone. 

This means that you will receive some backdated money for the SDP that you would have been entitled to when you lived alone at the start of your PIP claim, providing no one claimed carers allowance for looking after you.

When you then moved in with your brother in Feb 2019 you would not have been entitled to the SDP from that date unless your brother was also claiming a qualifying benefit, as advised above, so your SDP would have ended.

When you moved out of your brothers house back to living alone, you claimed UC when you moved is that correct?

if so then because you didn't have an award of SDP included in your ESA within 1 month of claiming UC then you won't be entitled to any extra money in your UC for the loss of SDP.

This was taken from the above link i posted above. an award of universal credit has been made in respect of a claimant who, within the period of one month immediately preceding the first day on which the claimant became entitled to universal credit as a consequence of making a claim, was entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium.

Hope this helps to explain it better.

TeddyB22

Thank you for that Poppy. I guess it makes no difference that my brother was paying rent to his landlord at this time? Think I read somewhere that in that circumstance I would be entitled to SDP.
I feel totally deflated bc I had no control over my situation. The police, doctors and psychologists recommended I didn't go back to my appartment as my life was in danger. I certainly didn't envisage I'd choke in my sleep and have to be resuscitated 3 times eventually waking up 3 days later in hospital. Then another month before I went to live with my brother. No one, not the DHSS or the housing Executive asked me to claim housing benefit. Life changed completely. I now live 10 miles away on my own from the place I grew up and felt safe in.
Now this. Just totally unfair. 
Please forgive the rant.
TeddyB22

poppy123456

You're welcome. I'm afraid your brother paying rent to his landlord would not have helped you claim SDP while you were living with him. Everyone has to pay their rent. You certainly read incorrectly with that.

I'm sorry to hear you had a difficult time and i hope things have improved for you since then.

The SDP rules are very strict. Even if you were paying rent when you were living with your brother there would have still been rules that would have prevented you from claiming the SDP because he's your brother. The only way you could have claimed SDP is if he was claiming that qualifying benefit, which he wasn't.

Once your PIP is in payment, definitely put a claim in for the SDP you were entitled to before you moved in with your brother. This backdated money and your PIP award backdated money will hopefully make life a lot easier for you, for now at least.

Unfortunately, you will have lost out on the SDP going forward because of that 1 month rule. Sometimes you have to move on because if you don't it will just stress you even more and that isn't going to help.

When you do receive your backdated money buy yourself something nice as a treat because we all deserve those treats sometimes. Keep hold of that money and remember the most important person here is yourself, not anyone else.

Don't worry about that rant, i've been there many times myself. It's good to rant and let off steam sometimes.

TeddyB22

Thanks for your settling words Poppy. I was quoting a website about SDP. 
This is a link to the page (sorry for the long boring info) https://www.gov.uk/disability-premiums/eligibility

It states:

'Severe disability premium

You must get the disability premium or income-related ESA, and one of the following qualifying benefits:

• PIP daily living component
• AFIP
• DLA care component at the middle or highest rate
• Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)

You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations:

• they get a qualifying benefit
• they’re registered blind
• they’re a boarder or subtenant (but not a close relative)
• **they make separate payments to the landlord**

You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you'.

My hope is eventually someone will see how unfair this is for new claimants or people who are getting back dated SDP, and take the DWP to court. I'll be waiting to hit them with a claim. 

TeddyB22

poppy123456

You're welcome,

What you quoted above from that website, doesn't or didn't apply to you. Even if you were paying your share of the rent, you still wouldn't have been entitled to claim the SDP while you were living with your brother because he's classed as a close relative.

The SDP rules are very strict.

TeddyB22

Hi Poppy. 
Thanks for all your help. The Cit Ad rang me to see if I'd received my decision letter & I had this morning. They told me to claim for SDP until May 2019 as that's when my Housing Benefit claim ended & also the last date of my private tenancy.
I'm a little deflated because ESA tell me they don't back date SDP if simmering is now in UC. That seems v unfair. It's bad enough they rob people of disability premiums on UC as it is. What do you think?
TeddyB22

poppy123456

You will be able to claim the SDP from when you lived alone because you were entitled to it and it will be backdated to the date you moved in with your brother. I'm not sure who told you that you can't claim it now to be back dated but they are definitely incorrect.

You will have to wait for your PIP award to be put into payment, as advised.

Adrian_Scope

@TeddyB22, could you just confirm for me the exact date you moved into your new place (where you currently live) and the date you applied for Universal Credit? I'm sorry if you've already answered this but it's not been particularly clear and I just want to ensure I'm not missing anything!

TeddyB22

Sad day for anyone with Mental or Physical health problems. 
[Removed by moderator to remain neutral about the general election] has won the day for Boris Johnston. We are gonna need to be stronger than ever and look after one another. Tories might not care but we do. 
TeddyB22. 

TeddyB22

Hi Poppy & Adrian.
I wonder if you might have a couple of minutes to answer a question I have regarding Rates & UC.
I made an online application for rent Rebate (it used to be just paid with my Housing Benefit) and have all the info they asked for including Landlord's info.
I received a notification to say it has been declined because the Landlord has not provided any information. 
I don't what to do now. Do I just not receive the extra help because he can't be bothered to fill in a form?
I'm struggling at the minute and had to visit a food bank this week for the first time. I still haven't had any money from PIP.
Many thanks. 
TeddyB22

poppy123456

May i ask what you mean by a "rent rebate"? what exactly did you apply for? was it the DHP? are you receiving the housing element of UC in with your monthly payments?

Unfortunately, backdated money after a Tribunal win can take 8 weeks, so will most likely be sometime in the New year now.

TeddyB22

Please forgive me I should have wrote Rate Rebate. 

poppy123456

 I'm not familiar with rate rebates, are you living in N. Ireland? do you claim the housing element of UC?

I found this link. https://www.nidirect.gov.uk/articles/homeowners-and-tenants-applying-rate-rebate

TeddyB22

I am in N. Ireland. I just dunt understand how it's been declined bc the Landlord can't be bothered to fill in a form. 
It didn't say anywhere on that link what happens if you are declined. Very confusing. But it's Universal Credit so expected.

poppy123456

I really have no knowledge of rate rebates at all because it's not here in the UK. Although to be honest i'm not surprised you were declined if your landlord hasn't filled in the form. My advice is to contact your landlord.

TeddyB22

Thanks for your help Poppy. I think I'm going to leave it. My Landlord is not gong to help me. 
TB. 

poppy123456

No problem. In this link here it says. https://www.housingadviceni.org/universal-credit/help-with-rates

If you are a private tenant, your landlord must also set up a rate rebate account.

The system will tell your landlord that you have made a claim and the landlord must then create an account or log into an existing rates rebate account to confirm the information you’ve provided.

UC will not pay this unless your landlord does this, it's the same as applying for the housing element when you rent privately, you won't receive that element unless you provide a tenancy agreement.

Has your landlord said why he's refused to do this?

TeddyB22

Hi Poppy. I haven't asked him. He is quite possibly the most unhelpful person I've ever encountered. It doesn't mean anything to him. I might ask the Agent. I looked at my tenancy agreement and it states that the land lord pays the rates. This was also true of my last address but I still received rates with the housing benefit. 
I also noticed his wife is the named Landlord but they share the same number. I can't even change that online I won't let me change the name of the LL.
Thanks for reply. Take care,
TB. 

poppy123456

Do you not have contact with the agency? I rent my home privately but everything is done through the agency and not the landlord. I have the landlords name and address but that's it and have had no contact with her at all.

I'm sorry i can't give you any further advice regarding this but i hope you sort it very soon.

TeddyB22

When I signed my contract the agents last words to me were 'now you don't need to bother me until you resign your agreement in a years time'. I thought that an odd thing to say.
I Also think he's been getting my Descretionary payments and hasn't said.