ESA to UC migration effect whilst ESA SDP is being reassessed

Good afternoon. As always, thank you everyone for being helpful all the time.

A relative of mine always had SDP whilst on ESA. I moved back in (after a few years away) and their SDP was stopped. This was because of the qualifying benefit rule for anyone living in the house.

I received PIP for some time but, during my re-assessment, lost my daily living component which affected this relative's SDP. However, this was overturned at appeal recently and backdated. We have applied for SDP to be reinstated for this person (and also backdated).

However, their UC migration is due in 3 weeks’ time. The process of getting SDP reinstated may not be done in time. What effect will this have on the transitional protection that they will be entitled to?

As it stands, there is no SDP on the ESA, so if the UC claim is submitted and SDP approved afterwards, would they receive protection to the level of what SDP would have added? Or do we need to make sure the SDP is approved before applying for UC? I understand the deadlines are strict.

We had a call from DWP today to say they are processing it and it may take 2 weeks, or potentially the payment after that, which is 4 weeks away.

I hope my question makes sense!

Just to add my story re this. I migrated in May whilst awaiting a PIP (first time) decision that was awarded and backdated to March. No amount of journal messages and case manager phone calls could convince them I was entitled to SDP transitional protection as they were only going on my ‘migration’ figures (only ESA and housing benefit at the time). Even though I had my capital checked in a home visit because PIP and SDP backpay took me over the savings allowed!!

I’ve had to put in a Mandatory Reconsideration now as Citizens advice and UC helpline on 3 way call twice didn’t sort it. I know I’m in the right (and CAB say it too as well as the UC helpline)! It’s utterly ridiculous and has made me quite ill. Hopefully will be sorted soon. But you really have to put your foot down and take it to MR if necessary.

Thank you for all your replies. Sorry to hear of the troubles too, it's frustrating having to deal with these issues!

We just got a call from ESA to approve the SDP and backdate but it's not showing just yet in account or a letter.

Hopefully in the next week we get written confirmation before the deadline.