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Does SDP stop automatically when DLA stops?

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6 years 2 months ago #204091 by Sickandtired
Does SDP stop automatically when DLA stops? was created by Sickandtired
Hi all,

I have another thread going on a related topic but this is a completely separate query so am starting a new topic, but of course do merge them if that is appropriate.

I started DLA to PIP transfer last year (had been on HRC & HRM) and was also reassessed for ESA at same time, having been in SG for a few years.
I was awarded ESA SG on 19/10/17 without a f2f, and was given no award of PIP - either component - on 06/11/17 and was told my DLA would end on 05/12/17, which it did. The PIP letter goes on to explain what will happen to other disability benefits and says carer's allowance and mobility scheme will end, but these were not applicable to me and I was getting SDP instead - my ESA payments amounting to £188 per week. The letter doesn't mention SDP.

I asked for a MR on the PIP and sent in extra information so that pushed the MR time limit up to 02/01/18, so no decision would have been made before the 2nd Jan and I have still not heard from them about a decision. I have recently checked my bank account and my usual ESA payment went in on 03/01/18 as expected, but was for the old amount of £376 (2 x £188) and so it appears I have still been paid SDP on my ESA, which I was expecting to have stopped.

Do I have to inform them to stop the SDP? Or is it paid a month in arrears of DLA and therefore would stop on 05/01/18? I was under the impression they would stop it automatically as they know which benefits I am, or am not, receiving as they ask me about other benefits during the security checks when I speak to them on the phone. I am hoping I don't need to phone them as, if I get a 'Job'sworth' on the phone, I might end up being sent another ESA50!

Does anyone know if SDP stops automatically when DLA ends? Thanks for all your help. :)

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6 years 2 months ago #204115 by Gordon
Replied by Gordon on topic Does SDP stop automatically when DLA stops?
sickandtired

Your ESA and hence the SDP is paid fortnightly in arrears, if your DLA ended 5/12/17 then I would not expect the SDP to still be in payment as there is no run on when the qualifying benefit is lost.

The PIP department should have notified ESA that there is no longer a qualifying DLA or PIP award and this should excuse you from needing to notify them yourself, but I would cover yourself by writing or phoning them about the change, to prevent a recoverable over payment.

Gordon

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