WILL I NOW BE MOVED OR FORCED ONTO UNIVERSAL CREDIT?

salfordgirl4321

Hi. Could anyone please help me by answering my question?
I live alone and nobody claims any caters benefits for caring for me and I’m  in receipt of ESA and I’m in the Support Group. I’ve been on ESA for 6 years,  I applied for PIP in February 2020 and I had a Telephone assessment November 4th. I got the letter on November 30th saying I’ve been awarded PIP Enhanced rate for Daily Living and the standard rate for Mobility for the next three years. My award was backdated to February 2020 the date that I applied for it.  Somebody told me I should be entitled to the SDP- Severe Disability Premium. So I rang up ESA Benefits department on December 17th 2020 and I was told over the phone that YES, I am entitled to the payment and that it will be backdated to the date I was awarded PIP Enhanced Daily Living Rate From. I still have not heard anything else about my SDP award entitlement since the phone call on December 17th. My question is about the rules that are changing at the end of this month about SDP & UC . Could someone please tell me if I will be forced to apply for UNIVERSAL CREDIT? because I’m now entitled to SDP along side my ESA Support group and my PIP payments?

poppy123456

Hi,

I answered your question on another thread with the following reply...

HI,

It can often take a few weeks for them to make a decision on the SDP but the criteria for this is you must live alone or no other non dependant adults in your house unless they either claim a qualifying benefit theirself or they are registered blind. Dependant children that you're still claiming child benefit for do not count.

You must also be claiming Income Related ESA and no one must be claiming either carers allowance or the carers element of UC for looking after you.

If all of those apply then you will be entitled to SDP.

Your question about UC. The SDP rules for this which prevent you claiming it are changing on 27th January 2021, so just a couple of weeks left. This means after this date if a change of circumstances happens in the future then you will need to claim UC but it will of course depend what change of circumstances you have.

poppy123456

Also to add if all that criteria apply and you definitely qualify then i'd ring them because it's been a few weeks now, although it was Christmas and New year closing days added to that time. Usually when applying over the phone a decision is usually made very quickly... IE.. within days.

salfordgirl4321

Thanks for your help Poppy123456
Yes it is Income related ESA that I’m on and I live alone and I do not have anyone who cares for me and nobody receives any Carers related benefits on my behalf. If they award me SDP from February 2020 and backdate it to that date to correspond with my PIP award date, does this mean that if I receive these SDP payments in a few weeks in backdated payments to Feb 2020 = Does this mean they can not force me to apply for UNIVERSAL CREDIT? Thanks 

poppy123456

No problem. No, it doesn't mean they can't force you onto UC, which i advised on the other thread. Those current rules for SDP are due to change on 27th Janaury this year.

poppy123456

It took me a while to find a link with proof my advice is correct but i found it now and here it is. Scroll down to introduction.

https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2020/a112020-changes-to-housing-benefit-for-claimants-in-receipt-of-severe-disability-premium

salfordgirl4321

Thanks Poppy123456. I currently receive Housing Benefit and Council Tax help, does this mean because of the new benefit which is my SDP award dated/awarded from February 2020, that they can force me on to Universal Credit now? Thanks, sorry for asking the same question so many times

poppy123456

I've answered this question a couple of times for you and i don't know how else to answer it. I'll explain it again.

When the SDP is added to your ESA unfortunately, this will not prevent you being moved across to UC in the future. If sometime in the future, you have a change of circumstances, for example you need to move house and you move to a different local council then you will need to claim Universal Credit for any help with the rent. You will not be able to to housing benefit again which will mean your ESA will end and your Support Group award will be honoured in UC but then the SDP will end.

If you move house to the same local council sometime in the future then you will be able to reclaim housing benefit and remain on ESA.

However, when managed migration eventually starts you will eventually be invited to apply for UC but of course this could be quite a few years yet.

The SDP rules that prevent a person from claiming UC are ending on 27th January 2021, which is just a couple of weeks from now. Please have a read of the link i posted above.

Hope this help you to understand it better.

salfordgirl4321

Ok, thanks for all of your help.