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EDP court rulling

AshleyHayes31

Hello,

My sister was on ESA support getting SDP and EDP, I moved her to be close to myself due to our father passing away. I was not aware of the impact this would have as I never claimed benefits myself and my farther dealt with my sisters affairs at the time.

After initially making an error in my sisters claim they are now adding the SDP which is lower. But nothing about EDP?

https://www.disabilityrightsuk.org/news/2022/january/high-court-rules-loss-around-£180-month-disability-premiums-claiming-universal

Due to the recent above court case will she now be entitled to have this added, sorry I a get really confused by it all. I feel guilty for moving her as she was forced to attend ID appointment and is worse of by just moving to a new area.

I had tried to cancel her UC claim and offered to pay her rent from my own wages but they told me that was not possible as she would lose her legacy benefits even though at the time it was only 4 days into the claim.

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poppy123456

This will be the SDP transitional protection. A single person with the LCWRA element on their UC claim will be entitled to an extra £120 per month. If there's no LCWRA element on their claim then it's £285 per month. See link. https://www.entitledto.co.uk/help/Transitional-protection-Universal-Credit

Do be aware that this will erode over time, which means that when other elements increase the transtional protection decreases. This means that when benefits increase this month, she will be no better off.

There's nothing added for the EDP as this wasn't part of the court ruling. LCWRA for UC pays more than ESA Support Group (without the SDP)

AshleyHayes31

https://www.leighday.co.uk/latest-updates/news/2022-news/severely-disabled-benefits-claimants-win-legal-challenge-over-loss-of-income-caused-by-move-on-to-universal-credit/

Sorry if I'm confused, I thought the court ruling now included EDP. When is the benefit increase? as due to delays it says she will get a statement and told how much she will get on the 11th April if the increase happens before this date will she still be no better off. Im sorry if I sound clueless but its first time I had to deal with this.

Thank you

calcotti

AshleyHayes31 said:

I had tried to cancel her UC claim

She cannot go back from UC to ESA. If you cancelled the UC claim she would simply get nothing.

What will happen (if anything) as a result of the court case you refer to is not, as far as I am aware, yet known.

poppy123456

Reading that court case it doesn't say what will happen.

AshleyHayes31 said:

due to delays it says she will get a statement and told how much she will get on the 11th April

When did she claim UC? When you first claim UC your first payment is just under 5 weeks after you first claim.

AshleyHayes31

poppy123456 said:

Reading that court case it doesn't say what will happen.

AshleyHayes31 said:

due to delays it says she will get a statement and told how much she will get on the 11th April

When did she claim UC? When you first claim UC your first payment is just under 5 weeks after you first claim.

I can't recall the date, I think it was in first week of March. I will try and check this. I know her last payment she had was still a ESA payment. I don't know what the UC payment until the statement she will get.

She has severe learning disabilities and she gets stressed to easily so I do not discuss it in front of her and avoid telling her things as she would not understand, I just feel bad as trying to help her not be alone and to get the help she needs by moving her I feel I have doing something wrong.

I was told claiming UC was the only option when she moved to a new area. They can see my sister is like a child, yet expect her to use a computer and update a journal. I am confused how people like my sister who have no support will cope.

calcotti

First UC payment is one month and one week after claim so just over five weeks.

AshleyHayes31 said:.. I just feel bad as trying to help her not be alone and to get the help she needs by moving her I feel I have doing something wrong.

You shouldn't feel bad. There may be a financial loss but I expect the support you obviously intend to give her will be far more beneficial than the monetary difference.

AshleyHayes31 said: I was told claiming UC was the only option when she moved to a new area.

That's correct.

AshleyHayes31 said:
They can see my sister is like a child, yet expect her to use a computer and update a journal. I am confused how people like my sister who have no support will cope.

If you are willing to, you can ask to become her appointee in which case yo will become responsible for managing her claim on her behalf.
https://www.gov.uk/become-appointee-for-someone-claiming-benefits

poppy123456

To become her appointee you should put a message on her journal to ask this. Someone will then contact you to make an appointment to discuss this and to put the appointee in place.

poppy123456

calcotti said:

First UC payment is one month and one week after claim so just over five weeks.

Thanks calcotti. I keep thinking it's under 5 weeks but of course there's more than 4 weeks in a month.

AshleyHayes31

calcotti said:

First UC payment is one month and one week after claim so just over five weeks.

AshleyHayes31 said:.. I just feel bad as trying to help her not be alone and to get the help she needs by moving her I feel I have doing something wrong.

You shouldn't feel bad. There may be a financial loss but I expect the support you obviously intend to give her will be far more beneficial than the monetary difference.

AshleyHayes31 said: I was told claiming UC was the only option when she moved to a new area.

That's correct.

AshleyHayes31 said:
They can see my sister is like a child, yet expect her to use a computer and update a journal. I am confused how people like my sister who have no support will cope.

If you are willing to, you can ask to become her appointee in which case yo will become responsible for managing her claim on her behalf.
https://www.gov.uk/become-appointee-for-someone-claiming-benefits

Thank you so much for taking the time to reply, I really do appreciate everyone that has.

I will mention to them though about becoming appointee in her Journal, so thank you for that as they didn't raise that with me. They have been good so far in letting me update her Journal to be fair and they even called me directly to discuss concerns in regards to my sister.

For the ID appointment at the job centre , the man didn't seem that interested, he said your sister looks distressed and upset so I will keep it quick, he hardly spoke and hardly made eye contact, he booked her appointment for the following week which annoyed me, I later got an apology and they cancelled the appointment. They can all see physically and mentally she can't work, it just a shame she has to go through the stressful process of it all. I even had letters of hospital and her support worker at the time to say going to any appointments is too stressful for her but they said she had to attend ID regardless as its classed as a new claim.

I thankfully had a nice person that was understanding call me, I wish all staff was as knowledgeable but it was hard to take it all in because I got a bit confused to be honest, I tried to write it down but I was in middle of work at the time so hence me looking for advise.

I am just glad its over, that is till any other medical assessment is needed in the future for her

Thank you,

Ashley

Ross_Alumni

Sorry to hear of the loss of your father @AshleyHayes31, that must have been really difficult for you both.

Does your sister receive any kind of ongoing support to cope on a daily basis? Such as from a care worker or her GP for example.

calcotti

AshleyHayes31 said:..it was hard to take it all in because I got a bit confused to be honest,

That's understandable - benefits are a whole parallel universe which is difficult to get to grips with for the first time.