Help with SDP appeal and understanding the UC /SDP legislation

mattallenmsn

Sorry I realize I posted this incorrectly somewhere else on a discussion entitled - 

Must read Restriction on claims for universal credit by persons entitled to a severe disability prem

The first post there contains a copy of the document I write with regards to....

Here is the new legal regulations, as from the 16th January 2019.
 

STATUTORY INSTRUMENTS

2019 No. 10

SOCIAL SECURITY

The Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019

So here is my discussion, please help me understand if you could.
Hi there, I am new here, so please be gentle...  

It is a bit of a long read for me above and I hope I am not duplicating with my post, but I am sight impaired and in need of some help.... here is the crux of the matter though...

As I read the original post am I right in thinking:
'(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.”'

The word entitled does not mean actually claiming? ....

Here is the story so far... (I will keep it as brief as I can) 

As of 21 January 2019, I split with my long term partner and so realized that I need extra help with my living costs (her income had prevented me claiming any benefits other than 'contribution based Employment and Support allowance and higher rate carers part of PIP) I spoke to the local council (in my case East Lindsey as I lived in Skegness) and was promptly told that I needed to apply for universal credit. Believing this was the right thing to do .... and not knowing that I was 'entitled to Income related ESA and SDP.... I applied for UC. After a long time trying to sort all that out (UC is not the easiest of benefits to get sorted out it seems) and relying on friends and relatives for help and support, in December 2019 I went to CAB Skegness to inquire if there was any other help I could get. 

They said I should never of been put on UC and spoke to ESA who promptly sent out a form for me to complete. I finally got this completed and sent to them by the end of January 2020. They phoned and left a message that basically said that II would not be considered to change from UC as I was not in receipt of SDP before my claim for UC. 

However as I read the original document and highlight above, I was 'entitled' to SDP ..... Am I reading that wrong... must I have actually been receiving the benefit, or like in my case, although I was misled at a time when  I was very vulnerable, I was 'entitled' to it and so should be receiving this benefit rather than being forced onto UC? 

I hope that is clear and concise enough? Any more information, I can freely give... 

Please if someone could help if it is possible for me to appeal the decision as I cannot get all the help I need based on the money I get from UC.

Many thanks for taking the time to read!

Matt  

poppy123456

HI and welcome,.

Your ESA must have included the SDP. See this link.

http://www.legislation.gov.uk/uksi/2019/10/made

This was taken from that link.

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.”

May i also check which ESA you were claiming? Was it the old Contributions based or New style ESA?

This "entitled" part of it means that you must have been claiming the SDP within the past month (if an award ended for any reason)

Hope this helps.

mattallenmsn

Hi Poppy,

Sorry for the duplicate posts, slight technical issue. 
Hmm not sure how to check what type of ESA I was getting back then, should I call them and check? Or this is just a waste of time? 
I obviously misunderstand the meaning of the word entitled, because in my opinion, when my circumstances changed, I was entitled to claim this help, but the local council advised me to register for UC. Why do they use the word entitled when the word should actually be claiming? Well I am no politician or legal adviser so I guess that is it and I should not appeal. 
Maybe there is information here about local charities that can help with my needs. I will try and look.

Thanks for your help very much.

Matt

poppy123456

No worries, it's a technical issue that happens a lot here on the forum.

It will depend when your claim for ESA started and what was in your area at the time. If it was a full Universal Credit area at the time your claim for ESA started then it will be New style ESA. Otherwise it will be the old Contributions based. All areas are now a full UC area and have been since December 2018 but before this date all areas were different. Google may tell you the answer by putting in the question for your area.

Although it states "entitled" if you read the next sentence it states "included in an existing claim" as yours wasn't included in the claim then the rules wouldn't have applied to you.

May i just ask that for your UC that you are receiving the LCWRA element in your claim? As you're in the support group for ESA then this element should also be paid. This will mean that you will be £170 better of on UC than you would be when you were just claim CB ESA Support Group. (without the SDP of course)

I'm assuming that no one is claiming carers allowance or the carers element of UC for looking after you? If not then whether or not you could go back onto just ESA based on the incorrect advice you were given, i don't know. The first thing you need to do is find out which ESA you are claiming.

Try this link for advice agencies near you and put your postcode into it. https://advicelocal.uk/