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SDP Protection ending on 27 Jan 2021

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4 years 8 months ago #250340 by b7s7dh
SDP Protection ending on 27 Jan 2021 was created by b7s7dh
Anyone on Severe Disability Premium had been protected from going onto UC after the ruling. This was on the 16 Jan 2019. However this protection ends on 27 Jan 2021.

Has anyone had a change in circumstances, move to a different LHA and not had to be be reassessed for UC? From Esa?
Are you always reassessed?
Has anyone been through this?
Is anyone aware of any changes to the 27 Jan 2021 date?

thank you.

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4 years 8 months ago #250357 by Gordon
Replied by Gordon on topic SDP Protection ending on 27 Jan 2021
KatKat

The issue is and will remain whether you need to make a new claim for what are now called legacy benefits or not.

Moving within an LA will not require a new claim for Housing Benefit as an existing claim can be amended.

Moving to a new LA will require a new claim for HB. If the person is receiving the Severe Disability Premium or was in the previous 30 days and continued to meet the criteria for the Premium then they are currently barred from claiming UC and can make a claim for HB.

If they are not receiving the Premium then Housing Benefit is only available through a claim for UC and doing so will also transfer any other Income Related Benefits to UC.

Yes, we have had members move LAs and had to claim UC.

Yes, we are aware of the planned change. In January next year the legislation barring a claim for UC when receiving the SD Premium will be removed, it is important to note that the change has to actually be enacted, there is no end date on the legislation.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: pollenpath, b7s7dh

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