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SDP compensation UC

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4 years 6 months ago #252340 by Alex
SDP compensation UC was created by Alex
www.gov.uk/government/publications/unive...ility-premium-claims

Hello, I was told that I'm not applicable for the lump sum compensation payment because I claimed UC before January 2019. (Nov 2018). I was on PIP and have been on ESA LCWRA component before.

Is that correct info?

Looking at the above it seems to state that doesn't matter?
'Additionally, a commitment was made for monthly transitional payments to be made to eligible former SDP claimants who have already moved to Universal Credit due to a change in circumstances and to provide a lump sum arrears payment.'

Thanks.

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4 years 6 months ago #252341 by Gordon
Replied by Gordon on topic SDP compensation UC
Alex

Were you receiving the Severe Disability Premium as part of your ESA immediately before you made your claim for UC? It would appear on your ESA Entitlement letters as "money because you are severely disabled.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 6 months ago #252343 by Alex
Replied by Alex on topic SDP compensation UC
Hi Gordon, I was, yes. I was found not fit for work. There was a gap in between of six months or so due to change in circumstances, but DWP advisor today said they're only paying people affected from January 2019, so yes I would be entitled, but only if it was after this date. The link I gave you says nothing about this? I wonder if she was confused and thought if I wanted to be put back on to ESA as there is that process for some claimants, but I'm not applicable.

I don't understand the advisor as it says 'A gateway was introduced from 16 January 2019 to prevent those claimants entitled to the Severe Disability Premium (SDP) as part of their legacy benefit from claiming Universal Credit. Additionally, a commitment was made for monthly transitional payments to be made to eligible former SDP claimants who have already moved to Universal Credit due to a change in circumstances and to provide a lump sum'

Surely there would be no transitional payments to formed SDP claimants who had already moved onto UC under her theory as if they're only paying from January 2019, nobody would have been put onto UC, there would have just been the gateway pausing people claiming UC?

Does that make sense?

Cheers.

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4 years 6 months ago #252346 by Gordon
Replied by Gordon on topic SDP compensation UC
Alex

Being found Fit for Work would not have entitled you to the SD Premium.

To receive the Premium you needed to have had an award of PIP Daily Living or DLA MRC/HRC, you need to have been living alone and no one must have been receiving Carers Allowance against the PIP or DLA award.

If you were receiving the Premium then you should already be receiving payment in your UC for the SD Premium.

The payment does not apply to SDP claimants after January 2019 as they were barred from claiming UC, it applies to those who had to claim UC prior January 2019 and were receiving the Premium at the time of application or within 30 days of their UC claim and still met the conditions to receive the Premium.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 6 months ago #252347 by Alex
Replied by Alex on topic SDP compensation UC
Hi Gordon, apologies, I meant I was found not fit for work and had the SDP on my ESA claim.

I ticked all those boxes and just checked old ESA award letter and it says SDP for living alone and being on PIP.

I am not receiving payment for SDP as I had a change in circumstances and had to reapply again back in November 2018, before this ruling was made.

The lady on the phone said that because I claimed UC before the gateway came in, January 2019, there's nothing she can do as they're only giving payments to claimants who applied after January 2019, but that makes no sense and contradicts the link and common sense?

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4 years 6 months ago #252349 by Gordon
Replied by Gordon on topic SDP compensation UC
Alex

I will do some more checking and come back to you when I can.

Gordon

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

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