Benefits: I don't understand it all

MrMoo

Hi. Hoping someone can help me.

FEB 2019 disabled daughter in receipt of PIP both enhanced rate. On going for 10 year period. On my tax credits award notice included the severe disability premium. 1 week before her 20th birthday daughter's social worker started the process of claiming U.C. At the first appointment at the DWP I showed proof of the benefits daughter received and tax credits award notice. I was told that at least a 3 month wait applies before a work capability assessment.. and to bring fit notes until the assessment takes place..long story short it took 2 years to appeal against what the work capability assessment professional stated about my daughter and what was the actual truth...back dated money from August 2019 for No work activity...on U.C..I have no idea of why it was only back dated to August 2019.. I have questioned on more than one occasion in my daughter's journal (her ability is roughly at 8/9 years) about the severe disability premium..yesterday I had a reply and it states that she isn't allowed any severe disability premium because she hadn't claimed the relevant benefits before her U.C claim..but how could she claim these benefits I claimed the child tax credits, but it still stated her name and her disability premium.

Is all this correct?

calcotti

If the UC claim was started in February 2019 then the LCWRA element should be payable from June or July 2019 (depending on what date in February the claim was started.

She is not eligible for a Severe Disability Premium transitional element because she was not in receipt of a means tested benefit (such as income based ESA) which included the SDP prior to claiming UC. The disabled child element you received on your Tax Credits has no relevance.

Adrian_Scope

Hello @MrMoo and welcome to the community.

I'm sorry to read it's been such a fight to get your daughter's benefits sorted. As @calcotti mentioned, the severe disabled child element on tax credits isn't the same as severe disability premium (SDP) so your daughter won't qualify for the severe disability premium transitional element on UC.

When your daughter's UC claim began in Feb 2019, did you submit a fit note at the same time or was this done at a later date? You should be able to scroll back on her journal to the start to double-check this.

MrMoo

Hi and thank you for your replies. I submitted a fit note roughly mid March 2019.

poppy123456

The waiting period starts from when you first reported the health condition, providing you sent the fit note within 7 days. Without knowing the exact date you did this and the dates of her assessment periods,(or when she usually receives her payment each month) then it's not possible to tell you exactly when the LCWRA element is paid from. Mid March, would mean either July or August.

MrMoo

Ok and thanks for replies. I was actually more confused about the severe disability premium, and I'm not clued up at all on benefits..I just needed to check that nothing has been missed and her entitlement is correct.

calcotti

https://forum.scope.org.uk/discussion/comment/491709#Comment_491709

In which case LCWRA would be payable from July or August depending on exact dates.

As advised, SDP is not applicable.

Adrian_Scope

Hi again @MrMoo. As @poppy123456 and @calcotti mentioned, depending on when in March you submitted the fit note, July or August for first payment of LCWRA sounds correct.

It's completely understandable you'd want to check nothing else is missing from her claim. There are so many cases where claims are messed up and elements missing, I'd want to double check too.

Unfortunately the transitional SDP doesn't apply in your daughter's situation as the severe disability premium on Tax Credits isn't the same as the Severe Disability Premium adults receive on income-related ESA and Income Support.

So your daughter's UC claim should have:

• Standard Allowance
• LCWRA
• and if she has eligible housing costs, a housing element

MrMoo

Thank you and yes that's exactly what she receives.