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Can Severe Disability Premium be backdated?
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# 1
emmafifema
Old 02-01-2013, 1:02 AM
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Default Can Severe Disability Premium be backdated?

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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# 2
rogerblack
Old 02-01-2013, 1:34 AM
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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.
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# 3
ohdearohdear
Old 02-01-2013, 8:55 PM
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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
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# 4
Muttleythefrog
Old 02-01-2013, 8:59 PM
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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/money...-premiums.aspx
"Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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# 5
nannytone
Old 02-01-2013, 9:04 PM
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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
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# 6
stargazer59
Old 02-01-2013, 9:04 PM
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Quote:
Originally Posted by Muttleythefrog View Post
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/money...-premiums.aspx
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.
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# 7
von
Old 02-01-2013, 9:07 PM
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You can only qualify for SDP if you are in receipt of the middle or highest rate of the care component of DLA.
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# 8
benefitbaby
Old 02-01-2013, 9:19 PM
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...and if you technically count as libving alone and no-one claims CA for you.
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# 9
emmafifema
Old 02-01-2013, 11:23 PM
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Quote:
Originally Posted by ohdearohdear View Post
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

So you get SDP whilst recieving low rate care DLA?

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# 10
mikey bach
Old 02-01-2013, 11:30 PM
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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.
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# 11
nannytone
Old 02-01-2013, 11:31 PM
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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
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# 12
nannytone
Old 02-01-2013, 11:35 PM
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Quote:
Originally Posted by mikey bach View Post
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..
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
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# 13
mikey bach
Old 02-01-2013, 11:38 PM
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Quote:
Originally Posted by nannytone View Post
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

a lot of people get confused with these premiums...
I agree
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# 14
flight747
Old 03-01-2013, 2:09 AM
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Quote:
Originally Posted by nannytone View Post
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
This is terrible by DWP - very confusion of this! No ones not sure which one is the correct one!
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# 15
ohdearohdear
Old 03-01-2013, 6:33 AM
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Quote:
Originally Posted by nannytone View Post
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
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.
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# 16
nannytone
Old 03-01-2013, 9:49 AM
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Quote:
Originally Posted by flight747 View Post
This is terrible by DWP - very confusion of this! No ones not sure which one is the correct one!
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
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# 17
stargazer59
Old 03-01-2013, 11:39 AM
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Quote:
Originally Posted by emmafifema View Post
So you get SDP whilst recieving low rate care DLA?
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
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# 18
emmafifema
Old 05-01-2013, 2:41 AM
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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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# 19
flight747
Old 05-01-2013, 3:48 AM
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The government are considering to abolishing disability premium,
severe disability premium and enhanced disability premium under PIP.
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# 20
jane899
Old 05-09-2013, 12:17 PM
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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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