Backdating of Severe Disability Premium on ESA

lexbubbles · 25 November 2015 at 12:07PM

Hi, wonder if anyone who's had a similar experience can shed light.

I'm on ESA (support group) with DLA (mid care low mobility).

At the start of my claim, someone was claiming carer's allowance for me. However 19 months ago I moved to Glasgow and now do not having anyone claiming CA (I live alone)

I've only just become aware, thanks to CAB, that I should have been receiving the severe disability premium for the last 19 months and I have not.

I've phoned ESA for a form but they say they might not backdate at all because it was "my responsibility to inform them". I told them I had no knowledge of the SDP - having never received nor previously been eligible, I literally only found out it existed yesterday - and that since my carer informed the DLA people in order to end her claim, that this information had been passed on to ESA (either by the DLA folk or by the carer personally. I realise I'm giving government departments way too much credit hoping they ever actually communicate information to each other).

They said all I can do is request a backdate and see if they feel like it.

Has anyone else requested a backdate like this (not as result of appeal, but from a change they thought had been informed and had not) and succeeded? I would have received almost £5,000 in SDP in that time and I'd like at least *some* of it backdated :eek:

Poppie68 · 25 November 2015 at 12:35PM

lexbubbles wrote: »

Hi, wonder if anyone who's had a similar experience can shed light.

I'm on ESA (support group) with DLA (mid care low mobility).

At the start of my claim, someone was claiming carer's allowance for me. However 19 months ago I moved to Glasgow and now do not having anyone claiming CA (I live alone)

I've only just become aware, thanks to CAB, that I should have been receiving the severe disability premium for the last 19 months and I have not.

I've phoned ESA for a form but they say they might not backdate at all because it was "my responsibility to inform them". I told them I had no knowledge of the SDP - having never received nor previously been eligible, I literally only found out it existed yesterday - and that since my carer informed the DLA people in order to end her claim, that this information had been passed on to ESA (either by the DLA folk or by the carer personally. I realise I'm giving government departments way too much credit hoping they ever actually communicate information to each other).

They said all I can do is request a backdate and see if they feel like it.

Has anyone else requested a backdate like this (not as result of appeal, but from a change they thought had been informed and had not) and succeeded? I would have received almost £5,000 in SDP in that time and I'd like at least *some* of it backdated :eek:

The problem is the applicants that fail to read the forms that they sign, or the information booklets. It is always made clear the responsibility is the claimants to make themselves aware of available benefits and to update any changes. Yourcarer stopping their claim for CA is nothing to do with ESA as their ability to claim came from your DLA. 2 different administration departments run off 2 different systems.

Did the person on the phone really say 'all I can do is request a backdate, and they will see if they feel like it'?
Its got nothing to do with ' if they feel like it' ......your not knowing about the SDP is your fault not theirs, all they can do is look at the claim.

Diary · 25 November 2015 at 12:42PM

The DWP are correct, every single form you get says you must inform everyone of a change in circumstances. You chose not to. This could have been much worse than losing the SDP. Had you informed them they would have sent the is10 and given you the money.

You must never ever assume anything about the DWP, if they can get away with not paying because you broke the rules they will. Having said that, it is always worth challenging any decision. Definitely fill the form in and explain fully what happened.

You haven't wanted to say what type of ESA you're on so I've assumed you're eligible in the first place.

lexbubbles · 25 November 2015 at 12:49PM

Poppie68 wrote: »

The problem is the applicants that fail to read the forms that they sign, or the information booklets. It is always made clear the responsibility is the claimants to make themselves aware of available benefits and to update any changes. Your carer stopping their claim for CA is nothing to do with ESA as their ability to claim came from your DLA. 2 different administration departments run off 2 different systems.

Did the person on the phone really say 'all I can do is request a backdate, and they will see if they feel like it'?
Its got nothing to do with ' if they feel like it' ......your not knowing about the SDP is your fault not theirs, all they can do is look at the claim.

She said it was up to whoever was processing the backdate and that I may or may not get it. So if I get a sympathetic person, yes. If don't, no.

When I moved house I didn't have to fill in any more forms or read any more information booklets, I just told them I moved and would be living alone. I've not been reassessed since before I moved (when L was still claiming CA for me) and I'm not due a reassessment for some time - until sometime in early 2017.

I also wasn't sent any information booklets when I initially applied in 2012 so until this point I've been completely unaware of my entitlement to the SDP (the CAB say this a common problem and many people who are entitled are not claiming because they simply don't know about it).

lexbubbles · 25 November 2015 at 12:52PM

Diary wrote: »

The DWP are correct, every single form you get says you must inform everyone of a change in circumstances. You chose not to. This could have been much worse than losing the SDP. Had you informed them they would have sent the is10 and given you the money.

You must never ever assume anything about the DWP, if they can get away with not paying because you broke the rules they will. Having said that, it is always worth challenging any decision. Definitely fill the form in and explain fully what happened.

You haven't wanted to say what type of ESA you're on so I've assumed you're eligible in the first place.

I realise it's a mistake on my part but I get ESA due to severe mental illness that often leaves me very confused and unable to deal with my own issues. I had thought that my carer informed ESA even if the DWP didn't, and thought nothing of my rate staying the same (as I just said in my post above, I wasn't even aware of the existence of the SDP let alone how to claim it)

I'm on income-based ESA. I've never held a job long enough to build up anything for contribution-based. When I phoned ESA they did confirm my eligibility.

Diary · 25 November 2015 at 2:39PM

Dwp have absolutely no interest in vulnerable people with or without mental health problems. Although I cannot walk or breathe by myself I thank goodness I don't have a mental illness, I simply couldn't cope with the obstructive, unjust behaviour by the DWP. I am vigorous advocate and active campaigner for people with mental health problems trying to cope with this system. Your problem is a good example of what is wrong with the system.
When they want to take money away they do somehow speak to other departments. Otherwise they never do.

Fill in the form!

lexbubbles · 25 November 2015 at 2:48PM

Diary wrote: »

Dwp have absolutely no interest in vulnerable people with or without mental health problems. Although I cannot walk or breathe by myself I thank goodness I don't have a mental illness, I simply couldn't cope with the obstructive, unjust behaviour by the DWP. I am vigorous advocate and active campaigner for people with mental health problems trying to cope with this system. Your problem is a good example of what is wrong with the system.
When they want to take money away they do somehow speak to other departments. Otherwise they never do.

Fill in the form!

Thank you for your kind words. And you're right - they're perfectly willing to speak to each other to take money away (I'm having some of my ESA docked for a non-existent council tax deficit after Glasgow Council reportedly told them about it, for example).

The whole system has been endless stress since I got on it 3 years ago, to be honest. The ATOS interview landed me in hospital after they repeatedly asked me questions about suicide and self harm demanding details of all previous attempts (dates, methods, "results"). Anyway, I digress.

I will fill in the form and request a backdate explaining the situation and will update with the result but was wondering if anyone had successfully been backdated in a situation like this.

Obviously even just getting the SDP from now on will be a huge help, but a backdate would relieve financial burdens immeasurably.

In a way I suppose it's a good thing my ESA got docked for a non-existent C/tax complaint because if it hadn't I'd have never contacted the CAB and found out about my SDP eligibility in the first place!

danielanthony · 25 November 2015 at 2:54PM

Thats disgusting service, you should take your custom elsewhere!

Prudent · 25 November 2015 at 5:53PM

My dd managed to get a back payment of sdp. She had offered an unemployed relative the chance to be her carer but he was unreliable and it added to her stress levels, exacerbating her illness. She was then called into the dwp several months later to confirm that and some other changes in her circumstances. They put through an application for SDP for her and the amount was backdated. It was hundreds rather than thousands though, so I am not sure if that makes a difference.

vlad · 25 November 2015 at 5:59PM

danielanthony wrote: »

Thats disgusting service, you should take your custom elsewhere!

where would you suggest?:mad:

lexbubbles · 25 November 2015 at 6:07PM

Prudent wrote: »

My dd managed to get a back payment of sdp. She had offered an unemployed relative the chance to be her carer but he was unreliable and it added to her stress levels, exacerbating her illness. She was then called into the dwp several months later to confirm that and some other changes in her circumstances. They put through an application for SDP for her and the amount was backdated. It was hundreds rather than thousands though, so I am not sure if that makes a difference.

As far as I know, there's no time limit on the backdating of SDP because it's a top-up rather than a whole separate benefit, so I don't think the amount matters.

Good to know that someone has a story of a circumstance change being backdated. Thank you for your input!

Backdating of Severe Disability Premium on ESA

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