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ESA Under payment
- Caledoniansmurf
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3 weeks 4 days ago #291714 by Caledoniansmurf
ESA Under payment was created by Caledoniansmurf
Sigh! Ok I'm going to try and keep this simple as my head is spinning.
I contacted ESA to get a breakdown letter, as we may have to move to UC before our Migration comes up, by choice or change of circumstances.
So I've been trying to find out what is best for us.
I wanted to check that we could Voluntary Migrate and if way may still get transitional protection.
BUT - we have been getting SDP only for my husband (Enhanced Daily Living).
I have now been told by Citizens Advice that It should have been at the couples rate as I get Standard Daily Living.
BUT - it never has been, I was on DLA and then moved to PIP and we never got it paid at couples rate.
I thought if we did Voluntary Migration we could be settled on UC before we move house (on waiting list) it would simplify things as we could submit our housing change etc. more easily.
NOW - I am in a dither, I don't know what to do.
Is the DWP in error or is it ME, PIP or DLA?
What do I do now???
I contacted ESA to get a breakdown letter, as we may have to move to UC before our Migration comes up, by choice or change of circumstances.
So I've been trying to find out what is best for us.
I wanted to check that we could Voluntary Migrate and if way may still get transitional protection.
BUT - we have been getting SDP only for my husband (Enhanced Daily Living).
I have now been told by Citizens Advice that It should have been at the couples rate as I get Standard Daily Living.
BUT - it never has been, I was on DLA and then moved to PIP and we never got it paid at couples rate.
I thought if we did Voluntary Migration we could be settled on UC before we move house (on waiting list) it would simplify things as we could submit our housing change etc. more easily.
NOW - I am in a dither, I don't know what to do.
Is the DWP in error or is it ME, PIP or DLA?
What do I do now???
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- Gordon
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3 weeks 3 days ago #291788 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Under payment
Cs
To try and answer your questions in order.
If you make a voluntary claim for UC then there is no Transitional Protection but you will have money added to your UC in regard to the Severe Disability Premium.
The ESA claim appears to be in your husband's name, you are part of his household and therefore you receive the couples rates but you are not receiving any ESA in your own right.
When you received your PIP award the PIP department would not have known about your husband's ESA and so you would not have been contacted about the SDP, the responsibility was yours to contact the DWP.
I'm unclear as to whether you had a DLA Medium or Higher Rate Care award, if you did then this would also qualify you for the couple's SDP rate.
The SD Premium can only be sorted out before you make a claim for UC so you need to contact the DWP but I would also advise you to get advice from a local advice centre as the DWP can be reticent to pay back payments on a late request for SDP.
advicelocal.uk/
Gordon
To try and answer your questions in order.
If you make a voluntary claim for UC then there is no Transitional Protection but you will have money added to your UC in regard to the Severe Disability Premium.
The ESA claim appears to be in your husband's name, you are part of his household and therefore you receive the couples rates but you are not receiving any ESA in your own right.
When you received your PIP award the PIP department would not have known about your husband's ESA and so you would not have been contacted about the SDP, the responsibility was yours to contact the DWP.
I'm unclear as to whether you had a DLA Medium or Higher Rate Care award, if you did then this would also qualify you for the couple's SDP rate.
The SD Premium can only be sorted out before you make a claim for UC so you need to contact the DWP but I would also advise you to get advice from a local advice centre as the DWP can be reticent to pay back payments on a late request for SDP.
advicelocal.uk/
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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