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SDP Back Pay Advice.
- bernadette Ann
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3 years 8 months ago #262554 by bernadette Ann
SDP Back Pay Advice. was created by bernadette Ann
Good Evening,
I hope you are able to give me some advice, my son was originally awarded SDP, and was told originally that he would probably be entitled to back pay, but only got back pay for 1 month, because the dwp wasn't told that sam's 2 siblings had left home in 2016.Neither of them claimed any benefits.
My Son has mental health problems, plus he did not know he had to send information about a change of circumstance.
we sent in a menatery appeal letter recently, my son has mental health problems and finds it hard to communicate to people via the telephone.
Recently a Decision maker called and was saying she could take he's case back to 2017, and and maybe back to 2016, I had to send in a copy of my dla or pip from 2016-2017, which I have done.
If the decision maker did not think that my son would not win the appeal, would shehave said on the telephone call, or ask for more information. she was talking has if sam could get back from from 2016. We are not sure what to think.
At the bottom line, would she of said at the first instance telephone call you will not win the appeal.
I do not know much about decision makers.
Thank you
Bernadette.
I hope you are able to give me some advice, my son was originally awarded SDP, and was told originally that he would probably be entitled to back pay, but only got back pay for 1 month, because the dwp wasn't told that sam's 2 siblings had left home in 2016.Neither of them claimed any benefits.
My Son has mental health problems, plus he did not know he had to send information about a change of circumstance.
we sent in a menatery appeal letter recently, my son has mental health problems and finds it hard to communicate to people via the telephone.
Recently a Decision maker called and was saying she could take he's case back to 2017, and and maybe back to 2016, I had to send in a copy of my dla or pip from 2016-2017, which I have done.
If the decision maker did not think that my son would not win the appeal, would shehave said on the telephone call, or ask for more information. she was talking has if sam could get back from from 2016. We are not sure what to think.
At the bottom line, would she of said at the first instance telephone call you will not win the appeal.
I do not know much about decision makers.
Thank you
Bernadette.
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- Catherine
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3 years 8 months ago #262555 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic SDP Back Pay Advice.
Good evening Bernadette,
Decision makers are people who are empowered by the DWP to look at the various bits of evidence and make a decision based on what they see. Clearly part of their role is to get all the relevant evidence together first before they can do that.
The purpose of the phone call you received was simply to get another bit of evidence, so you cannot say anything definitely other they are doing their job.
Catherine
Decision makers are people who are empowered by the DWP to look at the various bits of evidence and make a decision based on what they see. Clearly part of their role is to get all the relevant evidence together first before they can do that.
The purpose of the phone call you received was simply to get another bit of evidence, so you cannot say anything definitely other they are doing their job.
Catherine
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- bernadette Ann
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3 years 8 months ago #262566 by bernadette Ann
Replied by bernadette Ann on topic SDP Back Pay Advice.
Hello Catherine,
Thank you for your reply, I think I may of got the wrong information for my son, because when speaking to the decision maker I got the impression that he will be awarded the back pay from 2017, but has you said they have to gather all the information first before a decision is made.
She said we can go back to 2017? also what is the percentage outcome for sdp back payment, of winning an appeal. My son has mental health problems and he's communication skills are not good, and wouldn't of known to inform the dwp that my other son and daughter had left home in 2016, I have a copy of the council tax record from southend council, to prove this. I just don't know what to think, I do believe that my Son should be awarded the back payment, if they say no, is it worth pursuing the appeal.
Kind Regards
Bernadette.
Thank you for your reply, I think I may of got the wrong information for my son, because when speaking to the decision maker I got the impression that he will be awarded the back pay from 2017, but has you said they have to gather all the information first before a decision is made.
She said we can go back to 2017? also what is the percentage outcome for sdp back payment, of winning an appeal. My son has mental health problems and he's communication skills are not good, and wouldn't of known to inform the dwp that my other son and daughter had left home in 2016, I have a copy of the council tax record from southend council, to prove this. I just don't know what to think, I do believe that my Son should be awarded the back payment, if they say no, is it worth pursuing the appeal.
Kind Regards
Bernadette.
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- LL26
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3 years 8 months ago #262569 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic SDP Back Pay Advice.
Hi bernadette Ann,
I have never had to take an SDP query to appeal.
SDP is awarded for when you are receiving a legacy means tested benefit eg ESA or Housing Benefit (it doesn't apply to UC)
1.get at least standard daily living rate of PIP
either
a. live alone or with no other adults and no one claims Carer's Allowance for looking after you
NB If you have a lodger who pays rent, or live in a shared house where none of you are part of the same household this will count as living alone,
OR
b. You live with someone who also gets at least PIP standard daily living or equivalent or who is registered blind
So, it should be very easy to prove whether the criteria apply. (Unlike proving eg PIP descriptors which can be open to debate.)
SDP will be awarded when all of the relevant criteria apply, so this could be when PIP DL is first awarded, and you live alone, or when eg a partner moves out, or Carer's allowance is no longer claimed by your carer. Or if PIP/living alone/no carer etc already apply, it could be awarded when you first get paid ESA or other benefit.
Whatever the correct start date is, SDP should be back paid from that date. As I said earlier, this should be able to be done by supplying paperwork/written explanation to DWP. If not agree, then yes, take it to appeal, as a lot of money could be at stake if this is due from 2017!
Bearing in mind that SDP can not be awarded if there is another adult living in the house. If your son lives with you, he would be unable to get SDP unless you are claiming PIP or equivalent, or are registered as blind.
I hope this helps.
LL26
I have never had to take an SDP query to appeal.
SDP is awarded for when you are receiving a legacy means tested benefit eg ESA or Housing Benefit (it doesn't apply to UC)
1.get at least standard daily living rate of PIP
either
a. live alone or with no other adults and no one claims Carer's Allowance for looking after you
NB If you have a lodger who pays rent, or live in a shared house where none of you are part of the same household this will count as living alone,
OR
b. You live with someone who also gets at least PIP standard daily living or equivalent or who is registered blind
So, it should be very easy to prove whether the criteria apply. (Unlike proving eg PIP descriptors which can be open to debate.)
SDP will be awarded when all of the relevant criteria apply, so this could be when PIP DL is first awarded, and you live alone, or when eg a partner moves out, or Carer's allowance is no longer claimed by your carer. Or if PIP/living alone/no carer etc already apply, it could be awarded when you first get paid ESA or other benefit.
Whatever the correct start date is, SDP should be back paid from that date. As I said earlier, this should be able to be done by supplying paperwork/written explanation to DWP. If not agree, then yes, take it to appeal, as a lot of money could be at stake if this is due from 2017!
Bearing in mind that SDP can not be awarded if there is another adult living in the house. If your son lives with you, he would be unable to get SDP unless you are claiming PIP or equivalent, or are registered as blind.
I hope this helps.
LL26
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- bernadette Ann
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3 years 8 months ago #262579 by bernadette Ann
Replied by bernadette Ann on topic SDP Back Pay Advice.
Hi Catherine, thank you for your reply.
The reason the dwp did not originally award Samuel sdp is because my 2 other children left home in 2016 and they said he should of notified the dwp of a change of circumstances, but he has mental health problems, and learning difficulties and genuinely we both did not know that we had to notify the dwp about my son and daughter, they were not claiming any benefits.
I myself do get esa and pip. that is why I ask the dwp to look at the sdp back date again.
People with mental health problems is there a rule about there mental state and making decisions for instance informaing the dwp about change.
Kind Regards
Bernadette.
The reason the dwp did not originally award Samuel sdp is because my 2 other children left home in 2016 and they said he should of notified the dwp of a change of circumstances, but he has mental health problems, and learning difficulties and genuinely we both did not know that we had to notify the dwp about my son and daughter, they were not claiming any benefits.
I myself do get esa and pip. that is why I ask the dwp to look at the sdp back date again.
People with mental health problems is there a rule about there mental state and making decisions for instance informaing the dwp about change.
Kind Regards
Bernadette.
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- Catherine
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3 years 8 months ago #262586 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic SDP Back Pay Advice.
Hello Bernadette,
As far as I know there is no rule about people who have certain conditions not having to comply with obligations to inform the DWP. However it does make a big difference when there are potential overpayment issues since they generally look much more leniently on people who have a good reason not have done what they should have done.
However, as far as I can understand your son's situation it is a case of him not informing the DWP of something which could have been of benefit to him. As LL said, the DWP will look back over all the evidence and decide what they should have paid your son if they had known all the information.
Catherine
As far as I know there is no rule about people who have certain conditions not having to comply with obligations to inform the DWP. However it does make a big difference when there are potential overpayment issues since they generally look much more leniently on people who have a good reason not have done what they should have done.
However, as far as I can understand your son's situation it is a case of him not informing the DWP of something which could have been of benefit to him. As LL said, the DWP will look back over all the evidence and decide what they should have paid your son if they had known all the information.
Catherine
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