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PIP success but SDP qualify?

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6 years 1 month ago #206853 by angel*1
PIP success but SDP qualify? was created by angel*1
Hello all.

I had PIP success at MR stage and found out before Christmas that I was awarded standard of both components. Hurray....... I've started an appeal as I was not awarded some points that I believe I qualify for. Don't know whether I will carry on with it as I have a long award and no energy left. Thanks again to all the mods and everyone on this site.

My question is about Severe Disability Premium.

I've looked into it on various sites, including 'gov.uk' and there seems to be some confusion over qualifying. I receive Housing Ben. and when I was awarded PIP care, my benefit changed automatically. In these calculations, they use the SDP of £62.45 (single) as part of their applicable calculations. The thing is, I don't receive this. Is it a separate amount from PIP? I get ESA (contribution) but would also qualify for the income -related ESA. The amount I receive would be exactly the same whether Contribution based or income related. It states this on my ESA award letter. But I've been told by PIP bods that as I meet the requirements re: PIP that my ESA should have no bearing on receiving SDP. Have the rules changed regarding this benefit?
I've always received the enhanced premium but you can receive both premiums. Very confusing. I have the number for jobcentre ESA now so I guess I'll have to call them. I would like to be fairly sure of my situation beforehand as they can often get things wrong. I meet the criteria for SDP via my PIP, but does my ESA support cancel this out?

My support is much better now than ever before so I'm tempted to leave it be. But the £62.45 is used to calculate other things so ....... ? Head hurts!

Cheers in advance.
:)

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6 years 1 month ago #206868 by Gordon
Replied by Gordon on topic PIP success but SDP qualify?
buddha*3

I'm not entirely clear whether you are receiving Income Related ESA or not? If you are or are entitled to ESA(IR) even if it is not in payment then the SDP should be payable.

The SD Premium is not added automatically to the claimants ESA as it is dependant on their living alone and that no one if receiving CA against their claim.

You need to contact the DWP office dealing with your claim and ask for an IS10 form to be sent, it may be possible to complete the form if you phone, while you are still on the call, the IS10 asks about who lives with you.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angel*1

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6 years 1 month ago #206879 by angel*1
Replied by angel*1 on topic PIP success but SDP qualify?
Thanks Gordon for your input.

I've just called the relevant ESA number and I am indeed entitled. I knew that I met the criteria re: PIP but I am currently on Contribution based ESA, so I need to move onto IR ESA in order to qualify for the SDP. I can do so. Cannot believe how much more support I am entitled to after all this time without it.....

I receive other benefits. They are sending me an ESA 3 form to fill in first. I then complete the process over the phone. You are, as ever, correct in your post.

My query is re: are there any downsides to moving onto ESA IR? There aren't any right now considering what I will gain. I've been told that if my circumstances change, that my ESA CB is protected so I could move back onto that should I need to.

Thanks for the prompt reply Gordon :)

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6 years 1 month ago #206891 by Gordon
Replied by Gordon on topic PIP success but SDP qualify?
buddha*3

You will continue to receive your ESA(CB) payments the ESA(IR) will be added to it.

Providing you are entitled to ESA(IR) (see below), then I see no downsides, it enables free prescriptions and dental care and help with glasses and if you are receiving Housing Benefit it will mean that you receive the full rate.

ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angel*1, Janet Varley

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5 years 8 months ago #214380 by angel*1
Replied by angel*1 on topic PIP success: SDP?/Tribunal
Hi Gordon
I've had a letter regarding my PIP appeal Tribunal. It is dated for 2 weeks' time @ Magistrates Court. I expected it to take longer as it used to take a year after starting an appeal.
I've not yet prepared a further, brief submission for the tribunal, nor do I have an advocate or anyone to go with me. I could inform them that I want it heard on papers. Attending in person will not help me and will be too much for me.
Is it possible to postpone the appeal? At this point, I'm considering withdrawing it as I'm ill prepared for it and have had no legal input/outside help, besides online of course. My current award is a long one (standard of both) and I feel that even if I am successful, my award length may be shortened. I shouldn't have to think like this but the past 2 years has been v. detrimental to my overall health.
I want to let them know asap as I don't want to cancel at the last minute.

Cheers

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5 years 8 months ago #214385 by Gordon
Replied by Gordon on topic PIP success: SDP?/Tribunal
buddha*3

You can swap to a Paper hearing at any time by contacting the Tribunal Service. Have you considered asking for a domiciliary hearing in your home or one held by video link or over the phone? You could argue that you now need it due to the strain of waiting for a hearing.

Realistically you are not going to get an adjournment for not having Representation.

If you are going to provide a submission then it needs to be sent on Monday for it to be considered.

Whilst not impossible, it is very unlikely that the tern of your current award will be reduced by the panel. As it is part of the Decision the Judge would have to warn you at the beginning of the hearing.

You've waited a long time for this hearing to be scheduled, if you are confident of your case why not see what happens.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: angel*1

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