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  • FIRST POST
    • emmafifema
    • By emmafifema 2nd Jan 13, 1:02 AM
    • 303Posts
    • 4,142Thanks
    emmafifema
    Can Severe Disability Premium be backdated?
    • #1
    • 2nd Jan 13, 1:02 AM
    Can Severe Disability Premium be backdated? 2nd Jan 13 at 1:02 AM
    Hi,

    I applied for ESA approximately 3 months ago and am still in the assessment phase waiting to hear about the physical assessment.

    I applied for DLA and was denied it and so appealed.....they overturned their decision on appeal and awarded me high rate mobility and low rate care.

    I have now been advised that I can apply for SDP and was wondering if it is granted will they back date it and how far??

    thanks
    Emma
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Page 1
    • rogerblack
    • By rogerblack 2nd Jan 13, 1:34 AM
    • 9,287 Posts
    • 9,443 Thanks
    rogerblack
    • #2
    • 2nd Jan 13, 1:34 AM
    • #2
    • 2nd Jan 13, 1:34 AM
    An appeal re-makes the original decision, as if it had gone the other way at the time.
    If your DLA was initially denied 3 months ago, then the SDP can be backdated from that date.
  • ohdearohdear
    • #3
    • 2nd Jan 13, 8:55 PM
    • #3
    • 2nd Jan 13, 8:55 PM
    I won my DLA appeal in October and was backdated low rate care to April 2011 so 18 months and I also got SDP added on to my IS backdated to April 2011 so yes they will back date it if its from an appeal hth
    • Muttleythefrog
    • By Muttleythefrog 2nd Jan 13, 8:59 PM
    • 7,906 Posts
    • 15,254 Thanks
    Muttleythefrog
    • #4
    • 2nd Jan 13, 8:59 PM
    • #4
    • 2nd Jan 13, 8:59 PM
    It would be backdated... however are you sure you qualify. I thought you had to have MRC or HRC award of DLA. Check.... here is the criteria.
    http://www.nhs.uk/CarersDirect/moneyandlegal/carersbenefits/Pages/Severe-disability-premiums.aspx
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
    • nannytone
    • By nannytone 2nd Jan 13, 9:04 PM
    • 10,829 Posts
    • 15,218 Thanks
    nannytone
    • #5
    • 2nd Jan 13, 9:04 PM
    • #5
    • 2nd Jan 13, 9:04 PM
    i agree muttley. its the DLA care componant that attracts the premium.

    there is no disability premium to ESA for low rate care ( ot os included in the flat rate being higher than the basic rate of income support)
    the severe disabilty premium is paid with MRC, and the enhanced disability pemium with HRC
  • stargazer59
    • #6
    • 2nd Jan 13, 9:04 PM
    • #6
    • 2nd Jan 13, 9:04 PM
    It would be backdated... however are you sure you qualify. I thought you had to have MRC or HRC award of DLA. Check.... here is the criteria.
    http://www.nhs.uk/CarersDirect/moneyandlegal/carersbenefits/Pages/Severe-disability-premiums.aspx
    Originally posted by Muttleythefrog
    Yep i lost my SDP when they reduced my DLA Care from mid rate to low.

    I am pretty sure you only get it with mid or high rate care.
    • von
    • By von 2nd Jan 13, 9:07 PM
    • 508 Posts
    • 341 Thanks
    von
    • #7
    • 2nd Jan 13, 9:07 PM
    • #7
    • 2nd Jan 13, 9:07 PM
    You can only qualify for SDP if you are in receipt of the middle or highest rate of the care component of DLA.
  • benefitbaby
    • #8
    • 2nd Jan 13, 9:19 PM
    • #8
    • 2nd Jan 13, 9:19 PM
    ...and if you technically count as libving alone and no-one claims CA for you.
    • emmafifema
    • By emmafifema 2nd Jan 13, 11:23 PM
    • 303 Posts
    • 4,142 Thanks
    emmafifema
    • #9
    • 2nd Jan 13, 11:23 PM
    • #9
    • 2nd Jan 13, 11:23 PM
    I won my DLA appeal in October and was backdated low rate care to April 2011 so 18 months and I also got SDP added on to my IS backdated to April 2011 so yes they will back date it if its from an appeal hth
    Originally posted by ohdearohdear

    So you get SDP whilst recieving low rate care DLA?
    COMPING WINS: FEB:Capital Cup Final Tickets...MAR:Cookbook & Chocs, Kids Book, Book (TW) :-)...APR: Wine Glass, Book (TW), Books x3 , Kilo of dog treats, DVD, Sleep Aide Juice (TW), Mascara & Primer (TW), £50 Voucher (TW), .....MAY: Coffee Essence (FB), DVD, Trolley Bags, Kindle Fire HD,
    • mikey bach
    • By mikey bach 2nd Jan 13, 11:30 PM
    • 850 Posts
    • 726 Thanks
    mikey bach
    Its impossible to get SDP on I.S if you are only receiving low rate DLA care...
    As said it has to be middle rate or higher before entitlement to SDP can even be considered.

    Its sounds like DP to me, the disability premium, this is awarded on I.S to anyone who has DLA care or mobility, including the lowest rate. This can be backdated to the date of the DLA award

    DP is not awarded on ESA, but SDP and EDP can be if the correct rates of DLA are in payment and the customer meets the qualifying critera

    If you would have be entitled to SDP then yes it can be backdated, have seen a case backdated to 2002 and 26k arrears paid
    the normal capital rules do not apply to these arrears..
    Last edited by mikey bach; 02-01-2013 at 11:35 PM.
    • nannytone
    • By nannytone 2nd Jan 13, 11:31 PM
    • 10,829 Posts
    • 15,218 Thanks
    nannytone
    no you dont get a disability premium with low rate care.
    you get £99 in the WRAG and £105 in the support group. no premiums

    the post you quoted qas from someone on income support.
    the basic rate of income support is £71 a week, so a disability premium is added
    • nannytone
    • By nannytone 2nd Jan 13, 11:35 PM
    • 10,829 Posts
    • 15,218 Thanks
    nannytone
    Its impossible to get SDP on I.S if you are only receiving low rate DLA care...
    As said it has to be middle rate or higher before entitlement to SDP can even be considered.

    Its sounds like DP to me, the disability premium, this is awarded on I.S to anyone who has DLA care or mobility, including the lowest rate.

    DP is not awarded on ESA, but SDP and EDP can be if the correct rates of DLA are in payment and the customer meets the qualifying criteria..
    Originally posted by mikey bach
    there are 3 rates of disability premium on IS

    disability premiun
    severe disability premium
    enhanced disability premium.

    i think the poster was confusing the disability with the severe disability premiums
    • mikey bach
    • By mikey bach 2nd Jan 13, 11:38 PM
    • 850 Posts
    • 726 Thanks
    mikey bach
    there are 3 rates of disability premium on IS

    disability premiun
    severe disability premium
    enhanced disability premium.

    i think the poster was confusing the disability with the severe disability premiums
    Originally posted by nannytone

    a lot of people get confused with these premiums...
    I agree
    • flight747
    • By flight747 3rd Jan 13, 2:09 AM
    • 497 Posts
    • 179 Thanks
    flight747
    there are 3 rates of disability premium on IS

    disability premiun
    severe disability premium
    enhanced disability premium.

    i think the poster was confusing the disability with the severe disability premiums
    Originally posted by nannytone
    This is terrible by DWP - very confusion of this! No ones not sure which one is the correct one!
  • ohdearohdear
    there are 3 rates of disability premium on IS

    disability premiun
    severe disability premium
    enhanced disability premium.

    i think the poster was confusing the disability with the severe disability premiums
    Originally posted by nannytone
    Oh my bad I didn't realise there was different types??? Yes I get disability premium on top of my income support and I get low rate care sorry for the confusion.
    • nannytone
    • By nannytone 3rd Jan 13, 9:49 AM
    • 10,829 Posts
    • 15,218 Thanks
    nannytone
    This is terrible by DWP - very confusion of this! No ones not sure which one is the correct one!
    Originally posted by flight747
    there are plenty of is that are sure!

    low rate care,

    IS ...... disability premium
    ESA .... no premium

    mid rste csre
    IS ..... severe disability premium
    ESA .... severe disability premium

    High rate care
    IS ..... enhanced disability premium
    ESA .... enhanced disability premium

    the only difference is the award of low eare care, and as previously stated, this is covered by the higher rate with ESA
  • stargazer59
    So you get SDP whilst recieving low rate care DLA?
    Originally posted by emmafifema
    No.

    I got SDP when i was on Mid rate care DLA but do not get it now because i have been awarded Low rate DLA.

    You do not get SDP with Low Rate care
    • emmafifema
    • By emmafifema 5th Jan 13, 2:41 AM
    • 303 Posts
    • 4,142 Thanks
    emmafifema
    Thanks so much for all your replies you have really helped me.....I am still on assessment phase for ESA so I'm only getting the £71 per week. It's good to know that I should get £99 or £105 when it's sorted though. I've never been so skint in all my life as I am now that I am unable to work....I hope my health problems get sorted quickly as I need to be working and earning to support myself and my son!
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    • flight747
    • By flight747 5th Jan 13, 3:48 AM
    • 497 Posts
    • 179 Thanks
    flight747
    The government are considering to abolishing disability premium,
    severe disability premium and enhanced disability premium under PIP.
  • jane899
    hi im recieving employment support allowance and is in support group and im also recieving dla middle rate care. i recieved dla since oct 2008 and im going to apply for severe disibility premium will my disibility premium get backdated from october 2008 because of my dla?
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