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??? SDP backpay

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Evoway13
Evoway13 Community member Posts: 17 Listener
I queried which premiums I receive with my Income Related and Contributory based ESA , for Housing Benefit purposes. The DWP rang back around 10 days ago and said I was owed Severe Disabled Premium. They rang back last Friday and my phone died mid call. The woman from ESA said I was owed a 'substantial' amount from me being transferred from IB to ESA (support group) in 2013. It's the same woman that calls me from ESA - I seem to think she only works on Fridays. I have a disabled daughter who has been in receipt of DLA from when she was 7 (high rate care for autism from 2008). She was transferred to PIP (high rate care again - no mobility) in 2017. We have never claimed or tried to claim carer's allowance for her. I was under the impression that I was not allowed to claim for her as I'm physically disabled and my husband already claims carer's allowance for me and we thought that only one person can claim Carer's allowance under one roof. 

If it is 'back dated' , how long do they back date it to?

Thanks in advance


Comments

  • poppy123456
    poppy123456 Community member Posts: 56,951 Disability Gamechanger
    edited October 2022
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    For the SDP because you're living with your husband then you won't be entitled unless he either claims DLA mid/high rate care or PIP daily living or he's registered blind.
    He's also claiming Carers allowance for you so that in itself will mean you're not entitled to SDP even if he claims a qualifying benefit himself. Though you would be entitled to one SDP for him (only if he claims a qualifying benefit)
    Unless of course there was a time when you didn't live with your husband.
    For carers allowance for your daughter, yes you can claim this even though you're claiming PIP yourself. There's no rules against 2 people claiming carers allowance under the same roof. The same person can't claim carers allowance for looking after 2 people of course. For the carers allowance, it can only be backdated a maximum of 3 months.
    Looking back at your previous thread here https://forum.scope.org.uk/discussion/96405/housing-benefit-nightmare/p1 i can't see how you're owed a substantial amount of money, unless your circumstances were different at any point. Your husband receives a pension which reduces your ESA.




    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Evoway13
    Evoway13 Community member Posts: 17 Listener
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    The DWP said I qualified for Carer premium on our housing benefit but, can't claim carer's allowance for our daughter as I'm on an 'overlapping benefit'?? When they've looked into the premium side of things for Housing Benefit purposes- they state I qualify for Severe Disability Premium as I wasn't swapped over correctly from Incapacity Benefit to ESA in 2013. It's so confusing
  • Evoway13
    Evoway13 Community member Posts: 17 Listener
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    In 2013, I was on high rate DLA for both mobility and care. When I was swapped over to PIP in August 2019, I was awarded standard rate care and high rate mobility. The decision maker had omitted the fact that I have nerve damage in my hands and tenosynovitis. I have had numerous operations on my hands which affects my ability to prepare meals and have to wear splints (the assessor was heavily pregnant and said she performed a full medical examination on me. I was in my wheelchair and she never came near me!!). I was 2 points from enhanced care.  I didn't do a MR because my husband had a near fatal heart attack at the same time my decision notice came through and I was too stressed to ask for an MR. 
  • poppy123456
    poppy123456 Community member Posts: 56,951 Disability Gamechanger
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    If you've lived with your husband for the whole time then you won't be entitled to the SDP at any point unless he also claimed a qualifying disability benefit or was registered blind. Please read the link i posted above.
    I'm not aware of a carers premium being added to housing benefit. Housing benefit is claimed from your local Authority not from DWP.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Evoway13
    Evoway13 Community member Posts: 17 Listener
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    My husband was awarded standard rate care in April this year (due to sudden deterioration of heart failure and COPD) - he gets high rate mobility (due to chest pain and breathlessness). My local council's benefit office have sent me this today re HB award

    Couple Allowance £121.05
    Support Group £40.60
    Carer Premium £38.85
    Enhanced Disability Premium £25.35
    Total £225.85

    Contributions Personal Allowance £77.00
    ESA Contributory Transitional Addition £53.30
    Support Group £40.60
    Total £170.90
  • Evoway13
    Evoway13 Community member Posts: 17 Listener
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    I've noticed an error - I am sure it was carer premium x 2 before. Yes it was my local office have omitted it!
  • poppy123456
    poppy123456 Community member Posts: 56,951 Disability Gamechanger
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    That calculation refers to ESA and not housing benefit so that would have come from DWP not your local Authority.
    In a previous thread you mentioned your husband receiving a pension of about £66/week, yet that isn't mentioned here. I can't get my head around the figures so hopefully someone else will advise you further.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Evoway13
    Evoway13 Community member Posts: 17 Listener
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    Yes, my husband gets a pension (my brain is like scrambled eggs at the moment as I'm so confused) of £66.10 a week but, it's paid calender monthly - so I multiplied the calender month pension x 12 and divided it by 52 to give the £66.10 per week. We get £170.90 ESA pw (paid fortnightly) and hubby gets carer's allowance. My initial issue was that my local council stated we weren't entitled to any housing benefit. In the midst of it all, I rang DWP to see what premiums I was entitled to regarding HB. That's when the back dated SDP cropped up. The benefit's system is so complicated to navigate but, thank goodness for forums like this (thank you btw) 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    poppy123456 said:. 
    I'm not aware of a carers premium being added to housing benefit. Housing benefit is claimed from your local Authority not from DWP.
    HB can include a carer premium but the claimant needs to be receiving Carers Allowance or have an underlying entitlement to CA (having applied for CA but not actually receiving it due to overlapping benefit rules).
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited October 2022
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    OP, have you both applied for CA? Are either of you actually being paid CA? To get a carer premium x 2 you would both need to either be receiving CA or have established an ‘underlying entitlement’ to it.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Community member Posts: 56,951 Disability Gamechanger
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    calcotti said:
    poppy123456 said:. 
    I'm not aware of a carers premium being added to housing benefit. Housing benefit is claimed from your local Authority not from DWP.
    HB can include a carer premium but the claimant needs to be receiving Carers Allowance or have an underlying entitlement to CA (having applied for CA but not actually receiving it due to overlapping benefit rules).

    Thanks calcotti.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Evoway13
    Evoway13 Community member Posts: 17 Listener
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    Calcotti - my husband gets carer's allowance for me. I have an underlying entitlement to CA for our daughter
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Evoway13 said:
    Calcotti - my husband gets carer's allowance for me. I have an underlying entitlement to CA for our daughter
    That explains the carer premium x 2.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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