Will SDP ever get paid on UC
DK30
Community member Posts: 11 Listener
I an on LCWRA on UC. I was told I had to claim UC during an esa appeal. I didn't know I could still claim esa basic rate at the time. But never mind what's done is done. Anyway I won my tribunal which eventually moved me up to LCWRA from LCW. And I was also awarded full PIP during this appeal process. I know if I were on ESA I would have received SDP. And UC doesn't pay this...
So does any one know if in the future the DWP will have a change of heart and pay this to disable people. Or is this just one of those losses that we have to deal with on UC. Sorry if that doesn't make much sense. I suffer with PTSD, FMS and several other health issues.
So does any one know if in the future the DWP will have a change of heart and pay this to disable people. Or is this just one of those losses that we have to deal with on UC. Sorry if that doesn't make much sense. I suffer with PTSD, FMS and several other health issues.
Comments
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Hi DK30
these issues have become very complex indeed in this period of change from ESA to UC.
To keep your SDP entitlement, it would have been best, as you suggest, to stay on ESA. Any other route normally means that you lose it, and with it about £45 per week (as the LCWRA element pays a bit more than the support group money in ESA, you don't lose the whole £60+).
If you can prove that it was the DWP who advised you that you needed to claim UC, then you might be able eventually to get them to agree that you should be paid a different rate of UC, but I must stress that this will be massiveley difficult to achieve and will depend on local arrangements - we hear that things that are outside the regulations do happen on a local level, but you can't rely on this.
Probably the only safe option for now is to stay on your existing benefit.
The government has stated their intention to put right the loss of SDP for disabled people who lose it on conversion to UC. However, this hasn't been approved by Parliament yet, so no action is yet being taken to put this right in individual cases.
You have your UC including the LCWRA currently, and this is the most you can clam within the current rules at the moment.
Hopefully, once there is action to give disabled people on UC back their SDP money, you may be able to claim that you should be included in this action.
Sorry, this must be frustrating to hear.
Has anyone any better suggestions?
Gill_Scope
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Hi @Gill_Scope
Yes it is frustrating. But kind of what I expected. We can only hope that the government have a change of heart soon. Regarding disabled people on UC. But thank you for your reply. -
You're welcome, DK30. Everyone is finding their way through these new regulations and information is hard to find. Keep asking the questions, because as things develop, it may look different.
Gill_Scope -
Hi DK30,
The recent announcements by the minister for work and pensions only affects those who lost the SDP as a result of natural migration to UC.
At the present time there is no indication whatsoever that the DWP plan to introduce anything like an SDP for people who become qualified (through new entitlement to disability element) once UC is already in payment.
Just to check - you are on 'full service' UC (i.e. your claim is administered through an online journal not by postal letters), as if not then you can go back to ESA...
Hope this helps,
MaryThe Benefits Training Co: -
Hi @BenefitsTrainingCo
I was told to claim UC by DWP online. They told me I couldn't be paid basic rate ESA during my appeal. I now know that was wrong information. But because I am on UC now I have to stay on it. Its just wrong that DWP give people wrong advise and it ends up that the person loses benefits like sdp because of their poor advise. I accept I can't go back onto ESA and I've lost out on SDP. You'd think because I won my tribunal for ESA they'd offer me something. The DWP/UC system is just messed up. In my opinion. -
The government say they need to cut costs so I guess this is one way they are doing it.
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Never take advice from a DWP call centre, they are purely reading from a screen.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.
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@poppy123456
I've learned my lesson. -
Hello. Just an update from me on my previous post from last year.
Is it true disabled people already on UC and who lost the SDP because of a natural migration. Will soon be getting sdp payments and backdated payments.
https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8494#fullreport
On 16 January 2019, regulations came into force preventing people in receipt of benefits including a Severe Disability Premium from moving onto Universal Credit until the final managed migration stage, when they can receive transitional protection. People who have already moved to UC and lost their SDP are to receive additional payments – both backdated and on an ongoing basis – although these may not fully compensate individuals for the amounts lost. Draft regulations providing for these “SDP transitional payments” are currently before Parliament.
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