SDP back payment clear error

uvblade

Having a whale of a time regarding SDP I've been told I'm eligible for the SDP and the top up, and that i should be owed up to 3 year worth of backdate over the phone to the job center on Friday, great i think to myself! I get a text over the week end saying 330 pounds of arrears will be paid to you, please don't contact us about this.

Funny i get this text on the week end, the time where i cant even ring the job center, on Monday morning sharp i call them to get quite frankly obstructionism. After ringing the ESA line i am told no i am only eligible to getting a months backdate as i hadn't informed the ESA about a change in circumstance. A change that never happened as I've been in receipt of the highest level of pip since my award started 3 years ago the date of owed back payment.

 So as i understand the case i am not eligible to back date as i hadn't informed the ESA about eligibility of a automatic premium that according to the government's own website you don't have to apply for. I've asked for this to be looked at and I'm going to supposedly get a call from the benefits team regarding it I'm pretty sure they are just going to ask if i want to get it reconsidered and to dissuade me from this action

. Its funny because i know full well that the government not automatically transferring me is a clear and present example of a failing on the state rather than myself, im disputing it under Under the social security act of 1998 Subsection 9 heading 3 Subject to subsections (4) and (5) and section 27 SDP is not a separate Benefit and there is no requirement to notify the DWP they may be eligible, as such the claimant being myself caught in a restriction on back-payment is unjust as there is no causal link between myself and the DWP failing to award my claim.

 The sheer fact that i can be told something that goes against not only the social security act but the government's own guidance beggars belief. I'm sure i should win the 13k I'm owed but they are trying their hardest to convince me that i really am at fault for not telling them about something that's automatic. Just to conclude i haven't lived with anyone nor am in receipt of careers ectera its simply i wasn't detected by the system for 3 years and now that's being held against me somehow. 

janer1967

Just a quick reply it may state it is paid automatically but most people tend to call them when they get pip award 

Also why did you wait 3 years before querying it 

uvblade

janer1967 said:

Just a quick reply it may state it is paid automatically but most people tend to call them when they get pip award 

Also why did you wait 3 years before querying it 

As i had no idea that SDP even existed

uvblade

Username_removed said:

Welcome to the forum.

Whilst I appreciate your research the legislation you quote has little to do with this and yes, ordinarily, you would need to notify DWP of circumstances pertaining to possible entitlement of SDP despite it not being a separate benefit. If you were entitled at the point of claiming ESA the onus would have been wholly on you to tell them. The only circumstances where that might not apply would be where you were already in receipt of ESA and subsequently became entitled to PIP. There is an automated process where PIP have to tell the local office of receipt at that point but absolutely not when you were already getting PIP when you claimed ESA. 

Please bear in mind that any contradictions in what you're being told will be because at least some of your calls will be handled by outsourced staff who do not work directly for DWP. Please also bear in mind that DWP do not have any duty to advise and if you want an accurate answer your choices are to get advice from a welfare rights adviser or wait until you get an actual decision. Further calls will simply muddy the waters further. 

Well thats great news to hear as i was on ESA a number of years before PIP.

uvblade

Username_removed said:

Welcome to the forum.

Whilst I appreciate your research the legislation you quote has little to do with this and yes, ordinarily, you would need to notify DWP of circumstances pertaining to possible entitlement of SDP despite it not being a separate benefit. If you were entitled at the point of claiming ESA the onus would have been wholly on you to tell them. The only circumstances where that might not apply would be where you were already in receipt of ESA and subsequently became entitled to PIP. There is an automated process where PIP have to tell the local office of receipt at that point but absolutely not when you were already getting PIP when you claimed ESA. 

Please bear in mind that any contradictions in what you're being told will be because at least some of your calls will be handled by outsourced staff who do not work directly for DWP. Please also bear in mind that DWP do not have any duty to advise and if you want an accurate answer your choices are to get advice from a welfare rights adviser or wait until you get an actual decision. Further calls will simply muddy the waters further. 

there are no welfare rights advisers in my area sadly and citizens advice said i should put in for a super session?

uvblade

im rather curious due to another member of the community who was in the exact same situation as me and with help from you guys, asked for a mandatory reconsideration and won anyway. 

woodbine

uvblade said:

im rather curious due to another member of the community who was in the exact same situation as me and with help from you guys, asked for a mandatory reconsideration and won anyway. 

So maybe that's what you do next? In all fairness to those you may have spoken to on the phone most of them are not experts, I agree that the onus would have been on you to claim SDP.

uvblade

woodbine said:

uvblade said:

im rather curious due to another member of the community who was in the exact same situation as me and with help from you guys, asked for a mandatory reconsideration and won anyway. 

So maybe that's what you do next? In all fairness to those you may have spoken to on the phone most of them are not experts, I agree that the onus would have been on you to claim SDP.

that's rather disheartening to hear. I wish i had been made aware that premiums existed

uvblade

Username_removed said:

Welcome to the forum.

Whilst I appreciate your research the legislation you quote has little to do with this and yes, ordinarily, you would need to notify DWP of circumstances pertaining to possible entitlement of SDP despite it not being a separate benefit. If you were entitled at the point of claiming ESA the onus would have been wholly on you to tell them. The only circumstances where that might not apply would be where you were already in receipt of ESA and subsequently became entitled to PIP. There is an automated process where PIP have to tell the local office of receipt at that point but absolutely not when you were already getting PIP when you claimed ESA. 

Please bear in mind that any contradictions in what you're being told will be because at least some of your calls will be handled by outsourced staff who do not work directly for DWP. Please also bear in mind that DWP do not have any duty to advise and if you want an accurate answer your choices are to get advice from a welfare rights adviser or wait until you get an actual decision. Further calls will simply muddy the waters further. 

As i was in receipt of ESA before PIP and pip failed to inform the ESA would it be worth calling PIP about this?

uvblade

Username_removed said:

First bit of friendly advice. Don't keep quoting posts in full. By all means quote but you can delete bits of the quote leaving only the bit you're referring to. 

Oh god I'm such a wally I'm so sorry for doing that, Marvelous, I have been awarded a SDP as that is why im getting an arrears payment of 1 month ,I'm also getting a phone call from the benefits team in the near future to discuss the matter.

 Well i do have rather sever dyslexia and as such i have most of my documentation read to me by family members and no one mentioned anything about a SDP or any kind of premium I assume they didn't think it was relevant.

 I mean i have a personality disorder that makes it rather hard for me to make informed decision for myself. What i did for the duration of the claim? i mean i haven't done anything but take my meds and stay at home for the last 3 years. I was living in lockdown virtually before covid even began if that's what you mean?

Its a rather slim case it seems but from what i can gather i held a false belief as i had you had no clue it would positively impact my ESA and thus didn't realize there was anything to be disclosed, and as i struggle with reading and decision making i was unaware of the mistake that PIP had not informed the ESA team about my case.

uvblade

Username_removed said:

There’s no doubt you had a mistaken belief. The issue is whether it was reasonably held. Up to you to make that case. 

I'm very grateful for all the help however i have no idea what on earth that's supposed to mean, how dose one reasonably hold a belief. I'm mentally challenged I'm not even sure i hold anything reasonable haha! 

Cher_Alumni

Hi @uvblade and a warm welcome to the community from me.

I can empathise with your situation and understand you feeling disheartened.  The benefits system is complex to negotiate and without prior familiarity/awareness, it's easy to overlook claiming benefits we are entitled to.  

Mike has provided some excellent advice, has this helped clarify how to approach things from here on in?  Please keep us posted with how you get on and wishing you lots of luck.

uvblade

Not sure how to close a post as i just got a call back confirming ill get backdated in full. thanks for all the advice and kinds words but seems it sorted itself out

Cher_Alumni

uvblade said:

Not sure how to close a post as i just got a call back confirming ill get backdated in full. thanks for all the advice and kinds words but seems it sorted itself out

Brilliant news Would you like me to close the thread now for you?  If you can confirm, I'll do that asap.

uvblade

Cher_Scope said:

uvblade said:

Brilliant news Would you like me to close the thread now for you?  If you can confirm, I'll do that asap.

Please do

Cher_Alumni

Thread closed as requested.