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ESA - Severe Disability Premium (SDP) backdating and an out of time challenge
- Pat BCHFT
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1 year 5 months ago #280757 by Pat BCHFT
ESA - Severe Disability Premium (SDP) backdating and an out of time challenge was created by Pat BCHFT
I have a client I have been assisting with their benefit issues. When she accessed our services, we did benefit check and identified that she was not in receipt of the Severe Disability Premium (SDP) as part of her ESA (SG) claim, she receives an element of income-based benefit as part of her applicable amount.
She was awarded the SDP backdated to 2019, although she was in receipt of a qualifying benefit (PIP) from 2016. We have had several conversations with ESA helpline and eventually got to speak to someone from the processing centre. They said that the client had been sent forms back in 2016 and again in 2017 (they told us that these were ESA3 forms) but the client never completed these or returned them. Subsequently a decision maker made a decision that she could not be awarded the SDP prior to 2019. Although the IS10 form to claim, the SDP was only made in September 2022.
We advised the person from the processing centre that our client never received any ESA3 forms in 2016 or 2017 and she did not receive any decision notification from DWP. Our client has significant and enduring mental health issues, and has always accessed her local Citizens Advice for help with forms. We registered a verbal Mandatory Reconsideration when we spoke to the person from the processing centre, as they informed us that this was all they could offer. Our client has contacted us to say that they have received a letter saying the MR has been unsuccessful because it was out of time (outside the 13 months’ timescale).
I just wanted to check if there was anything else, I could do in relation to the issue, because the client could not have challenged a decision make in 2016 or 2017 if she was not made aware of it.
Any assistance you could offer would be much appreciated.
Kind Regards,
Pat Russell
She was awarded the SDP backdated to 2019, although she was in receipt of a qualifying benefit (PIP) from 2016. We have had several conversations with ESA helpline and eventually got to speak to someone from the processing centre. They said that the client had been sent forms back in 2016 and again in 2017 (they told us that these were ESA3 forms) but the client never completed these or returned them. Subsequently a decision maker made a decision that she could not be awarded the SDP prior to 2019. Although the IS10 form to claim, the SDP was only made in September 2022.
We advised the person from the processing centre that our client never received any ESA3 forms in 2016 or 2017 and she did not receive any decision notification from DWP. Our client has significant and enduring mental health issues, and has always accessed her local Citizens Advice for help with forms. We registered a verbal Mandatory Reconsideration when we spoke to the person from the processing centre, as they informed us that this was all they could offer. Our client has contacted us to say that they have received a letter saying the MR has been unsuccessful because it was out of time (outside the 13 months’ timescale).
I just wanted to check if there was anything else, I could do in relation to the issue, because the client could not have challenged a decision make in 2016 or 2017 if she was not made aware of it.
Any assistance you could offer would be much appreciated.
Kind Regards,
Pat Russell
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- Gordon
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1 year 5 months ago #280768 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Severe Disability Premium (SDP) backdating and an out of time challenge
Pat BCHFT
Some positive and some negative.
First of all, are you absolutely certain that your client met the requirements for the SD Premium throughout the period starting in 2016?
So the 13 months runs from the date that the DWP notify the claimant of the Decision, if they don't notify them then the clock has not started.
The DWP will assume a Decision Letter sent will always be delivered.
You can try to show that there were reasons the claimant did not receive it, for example; postal problems specifically affecting their address at the time that the letter was sent.
A better approach might be to ask the DWP for proof that the letter was sent. The same would apply to the two ESA3s. As an aside, is your client registered as being at risk with the DWP?
Is there something special about the date in 2019 that the SDP was paid from?
At the time the ESA3s were issued were they already receiving Income Related ESA in whole or in part?? If they were then a question to ask would be why the DWP thought an ESA3 was the proper form to send, SDP requests are covered by an IS10 form, not an ESA3.
If you have a Mandatory Reconsideration Notice then you can go onto appeal.
Gordon
Some positive and some negative.
First of all, are you absolutely certain that your client met the requirements for the SD Premium throughout the period starting in 2016?
So the 13 months runs from the date that the DWP notify the claimant of the Decision, if they don't notify them then the clock has not started.
The DWP will assume a Decision Letter sent will always be delivered.
You can try to show that there were reasons the claimant did not receive it, for example; postal problems specifically affecting their address at the time that the letter was sent.
A better approach might be to ask the DWP for proof that the letter was sent. The same would apply to the two ESA3s. As an aside, is your client registered as being at risk with the DWP?
Is there something special about the date in 2019 that the SDP was paid from?
At the time the ESA3s were issued were they already receiving Income Related ESA in whole or in part?? If they were then a question to ask would be why the DWP thought an ESA3 was the proper form to send, SDP requests are covered by an IS10 form, not an ESA3.
If you have a Mandatory Reconsideration Notice then you can go onto appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Pat BCHFT
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1 year 5 months ago #280785 by Pat BCHFT
Replied by Pat BCHFT on topic ESA - Severe Disability Premium (SDP) backdating and an out of time challenge
Hi Gordon,
Thanks for your prompt response. It is really appreciated.
Keep up the great work!
Thanks for your prompt response. It is really appreciated.
Keep up the great work!
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