Sdp elemental protection

common1709

Hi I was just wondering if anybody could give me some advice , in a nutshell my claim for ESA ended due to a change of circumstances and I was forced to claim u.c alongside my pip  , there was a 28 day period before I claimed u.c should I still be entitled to elemental protection as it states on the government guidlines that it must of been in the month immediately preceding the date of my eligibility to uc , is a month 28 days or 31 days I'm confused 

common1709

Also the same period I had to reclaim pip after the changes circumstance satisfied pip and theres states clearly 28 days not a month

Ross_Alumni

Hello @common1709

Welcome to the community, I hope you are well this morning  

Thank you for posting your query, I have moved it over to the UC page  

I would assume that when it says a month it means a calendar month, so for example from June 1 to July 1. If it meant 28 days / 4 weeks I'm sure it would specify that. I can appreciate though that it could cause confusion. 

This is a very supportive and welcoming site to be a part of so I’m hopeful that you’ll find it to be a positive outlet. Feel free to have a look around and get involved wherever you’d like 😊 I have included below a few of the pages I’d recommend having a look through to get used to things:

• The virtual coffee lounge which is one of our categories, in which we play games and talk about general subjects such as hobbies and interests
• The recent discussions page, which shows an overview of everything happening across the community
• The categories page, which shows a full list of discussion groups on the community

If you have any questions at all then don’t hesitate to ask.

calcotti

If you are claiming within a calendar month (which I think can therefore be 28 days, 30 days or 31 days depending on the mont in question) you should get the SDP transitional protection included.
However you will have lost your ESA Support Group Status and will have to have a new WCA. If you are found to have LCWRA when the LCWRA element is added that will end the SDP element.

calcotti

Biblioklept said:

That's really sad so it's the LCWRA that has to be the day before claim not the SDP @calcotti? Have I understood that ?

Two separate issues. For the SDP transitional protection claimant has to be in receipt within the prior month (and still eligible). For the ESA Support Group to carry over as LCWRA the ESA must be in payment at the time of the UC claim.
In my opinion there should be a similar one month rule for the LCWRA which would avoid problems for many (particularly those becoming mixed age couples. By comparison ESA has a 12 week linking rule.

common1709

@calcotti thanks for the reply , yeah so basically I made a claim for u.c 28 days after my claim for ESA was closed due to change of circumstances  my entitlement ended on the 10th April  and my u.c claim began on 11th march

calcotti

So, as described above, you should get the SDP protection but have lost the Support Group status. After you have had a new WCA, if you are found to have a LCWRA, when the LCWRA element is added you will lose the SDP element.

common1709

@calcotti thanks so much for the reply the guys at the dwp are so unclear about what's going on its unbelievable, as far as I'm aware as it stands my claim started on the 12th march 2021 ,but this no being looked at by decision makers as there was really no reason for it not to be backdated to 11th march this was when I was entitled to claim u.c , it was a telephone claim and the claim handler who filled out my form for me diddnt put the backdate request through , I understand this is upto the d.m but if it is backdated one day so my claim would begin on the 11 th  do you think I should receive sdp protection then 

poppy123456

If you rang to start your claim on 12th March, Why didn't you claim on 11th March? UC can only be backdated in the most extreme cases, for example if someone is in hospital.

common1709

@poppy123456 I was embarrassed to say this but seems as you asked , I was on remand in prison until the 11th of march , I was then released on bail and the case was later dismissed as I was innocent , I was unable to make the call on the first day of my release as allthough I had been told I was free , I had to wait until all the paperwork had been documented ,if I was in hospital myself or somebody else could call on my behalf I wasn't able to call as I was still inside a prison until after 6pm on the 11th , I'm pretty sure this would all be kept on record still 🤔

calcotti

I don't think you are eligible fo UC for the period you were on remand. Backdating will therefore not be relevant. There is a rule that says you can get the housing element paid while on remand if you were getting it prior to being remanded but that doesn't apply to you.

common1709

@calcotti yes I understand that I'm not entitled to anything for the time spent on Remand ,but as I was released on the 28th day and my claim will now show that ,will I be then entitled to sdp protection 

calcotti

common1709 said:

@calcotti yes I understand that I'm not entitled to anything for the time spent on Remand ,but as I was released on the 28th day and my claim will now show that ,will I be then entitled to sdp protection 

You have put slightly different dates in.
What was your last day of ESA entitlement?
What date did you claim UC on?

common1709

@calcotti my entitlement for ESA ended on the 10th of February and my claim for u.c began on 12th march,there looking to backdate it to the 11th of march will this make any difference ,thankyou for the replys 

calcotti

common1709 said:

@calcotti my entitlement for ESA ended on the 10th of February and my claim for u.c began on 12th march,there looking to backdate it to the 11th of march will this make any difference ,thankyou for the replys 

I don't think so, 10th February to 11th March is ore than one month.