Universal Credit (UC) and Severe Disability Premium (SDP)

TaraHeart

Hello people,

I have many questions but struggle to find answers!

I have been receiving UC since April 2020 (first claim following a hospital admission)
I receive Housing Benefit and the LCWRA element of UC.
My SSP (statutory sick pay) is due to end in October 2020.I have always worked before my health worsened. I have long term, progressive, health issues.
Will they automatically move me on to income related ESA when my SSP ends?

I am aged 60 years, live alone, and my daughter stays regularly overnight to provide care. No one claims anything for looking after me. 

I have recently received my PIP award, and received the enhanced rate for  daily living needs, and enhanced rate for mobility needs.
I understand that there is no SDP on this new style UC. However, is it not possible for me to choose to  go on to the benefits that UC replaces? Some sites say this choice is possible, some say it is not. Can anyone clarify?

Also my UC statement shows that the Benefit Cap will not apply to me until March 2021. Should this not apply to me anyway as I'm in the LCWRA group? Or is it yet another change? Does anyone know?

As I was a new claimant I had no choice about the UC handed to me, but as the likelihood of me ever working again is zero, I would take this matter further if my available choices (on this new UC) leave me worse off (than just applying for each entitlement separately as of old) due to my disability.

Any thoughts or  advice would be such a bonus.

poppy123456

Hi and welcome.

Unfortunately, you won't be able to claim the SDP because you are claiming UC and the disability premiums are not available when claiming UC.

As you're claiming UC then you will remain on this even when your SSP ends. The disability premiums are only available when claiming the old legacy benefits such as Income Related ESA/JSA and Income Support. These benefits are no longer available for you to claim because UC has replaced them.

There's nothing to take further and you're not any worse off because you never claimed the SDP to be any worse off with.

You are correct about the benefit cap this does not apply to you because you're claiming LCWRA and now the PIP award. Not sure why it states in 2021 but this is not correct. Even if you did lose the LCWRA award anytime in the future, as long as you're claiming PIP then the benefit cap doesn't apply to you.

Hope this helps.

TaraHeart

Thank you poppy12345,
that has cleared up much confusion
Appreciate your prompt reply

TaraHeart

As an after thought,  did wonder why they just asked for my last 12 months salary amounts (dated prior to my UC claim).... that's why I thought they were looking at something income related ?

poppy123456

This was purely for the benefit cap reasons when you first applied for UC. When working if you're earning more than a certain amount of money and then you claim UC there's a 9 month grace period where the cap doesn't apply.

UC is a means tested benefit in the same way the old Income related benefits were.

poppy123456

To add to my advice, if you've paid enough NI contributions in tax years April to Match 2017/18 and April to March 2018/19 then you could claim New style ESA. There's no financial gain to claiming this and the amount you receive will be deducted £1 for £1 from your UC entitlement BUT it's not means tested so it could be very useful in the future.

The disability premiums are also not available when claiming this ESA because it's a contributions based only benefit.

TaraHeart

Outstanding advice, anything not means tested is going to be a massive help to me in the future.

Thank you poppy123456

poppy123456

You're welcome. This link will tell you how to apply for this. As you already have LCWRA then fit notes won't be needed and you should be placed straight into the Support Group (which is the same as LCWRA) https://www.gov.uk/guidance/new-style-employment-and-support-allowance#how-to-apply

Adrian_Scope

Just to add to @poppy123456's great advice here. On your statement the message where it says about the cap not applying until March 2021 is to do with the grace period. 
If the cap applied to you (which is doesn't as you receive PIP and LCWRA), your grace period from the cap (based on your last 12 month's earnings) would end in March 2021.

timis2

hi I think you need to claim esa this means canceling you uc account in change of circumstance .apply for esa on line..then if your in receipt of pip you will be entitled to sdp.so you will get esa ..sdp then you can do permitted work and earn up to 140 a aweek.dont know if your in receipt of housing benefit and how it will affect this,ive has endless problems with uc ...

poppy123456

timis2 said:

hi I think you need to claim esa this means canceling you uc account in change of circumstance .apply for esa on line..then if your in receipt of pip you will be entitled to sdp.so you will get esa ..sdp then you can do permitted work and earn up to 140 a aweek.dont know if your in receipt of housing benefit and how it will affect this,ive has endless problems with uc ...

HI,

That's correct sorry. New claims for Income related ESA are no longer possible for Tara or anyone unless they're already claiming the SDP in another benefit.

As i previously advised because Tara is already claiming Universal Credit then the SDP is not payable because it doesn't exist.