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  • FIRST POST
    • MARADONA123
    • By MARADONA123 3rd Oct 17, 10:21 PM
    • 6Posts
    • 0Thanks
    MARADONA123
    Severe Disability Premium backdated
    • #1
    • 3rd Oct 17, 10:21 PM
    Severe Disability Premium backdated 3rd Oct 17 at 10:21 PM
    Hi all

    I currently get PIP and ESA. My father passed away in July this year,so I took over the tenancy and did a quick benefits check online, that is when I came across SDP.

    I have never heard of SDP before.So I rang the DWP in July this year and applied for it.I got it backdated to May this year, after doing more research I now believe I may be entitled to having my SDP backdated further.

    I was originally on DLA middle rate care and low mobility as well as Income Support before I was transferred over to ESA and PIP.I was transferred over from DLA to PIP last March.I was also transferred over from Income support to ESA in May this year.

    I had been on Income Support and DLA since the early nineties,but never got SDP,I now know I was eligible since no one has ever claimed Carers Allowance for me,and although I had lived with my dad for over 20 years he was on high rate DLA and Income Support to.So he was on a qualifying disability benefit so i would be classed as living alone.

    I have been in touch with the DWP and the lady on the phone told me I would not be able to get it backdated any further.Would that be right or is she wrong.
Page 1
    • poppy12345
    • By poppy12345 4th Oct 17, 6:32 AM
    • 1,550 Posts
    • 1,376 Thanks
    poppy12345
    • #2
    • 4th Oct 17, 6:32 AM
    • #2
    • 4th Oct 17, 6:32 AM
    Hi all

    I currently get PIP and ESA. My father passed away in July this year,so I took over the tenancy and did a quick benefits check online, that is when I came across SDP.

    I have never heard of SDP before.So I rang the DWP in July this year and applied for it.I got it backdated to May this year, after doing more research I now believe I may be entitled to having my SDP backdated further.

    I was originally on DLA middle rate care and low mobility as well as Income Support before I was transferred over to ESA and PIP.I was transferred over from DLA to PIP last March.I was also transferred over from Income support to ESA in May this year.

    I had been on Income Support and DLA since the early nineties,but never got SDP,I now know I was eligible since no one has ever claimed Carers Allowance for me,and although I had lived with my dad for over 20 years he was on high rate DLA and Income Support to.So he was on a qualifying disability benefit so i would be classed as living alone.

    I have been in touch with the DWP and the lady on the phone told me I would not be able to get it backdated any further.Would that be right or is she wrong.
    Originally posted by MARADONA123
    You say your father was on high rate DLA but which part?
    • MARADONA123
    • By MARADONA123 4th Oct 17, 11:22 AM
    • 6 Posts
    • 0 Thanks
    MARADONA123
    • #3
    • 4th Oct 17, 11:22 AM
    • #3
    • 4th Oct 17, 11:22 AM
    My father was on high rate care and high rate mobility.
    • benidorm59
    • By benidorm59 4th Oct 17, 4:50 PM
    • 108 Posts
    • 37 Thanks
    benidorm59
    • #4
    • 4th Oct 17, 4:50 PM
    • #4
    • 4th Oct 17, 4:50 PM
    It can be backdated to the date of entitlement if they have only backdated to May which seems random then you need to appeal this decision, ring and ask for a review of the decision.
    • poppy12345
    • By poppy12345 4th Oct 17, 5:01 PM
    • 1,550 Posts
    • 1,376 Thanks
    poppy12345
    • #5
    • 4th Oct 17, 5:01 PM
    • #5
    • 4th Oct 17, 5:01 PM
    It can be backdated to the date of entitlement if they have only backdated to May which seems random then you need to appeal this decision, ring and ask for a review of the decision.
    Originally posted by benidorm59
    Which in the OP's case would be the 1990s i'm not even sure they would back date this far to be honest. That would be an insane amount of money!
    • benidorm59
    • By benidorm59 4th Oct 17, 5:12 PM
    • 108 Posts
    • 37 Thanks
    benidorm59
    • #6
    • 4th Oct 17, 5:12 PM
    • #6
    • 4th Oct 17, 5:12 PM
    its possible SDM would look at the case

    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/
    • MARADONA123
    • By MARADONA123 4th Oct 17, 6:43 PM
    • 6 Posts
    • 0 Thanks
    MARADONA123
    • #7
    • 4th Oct 17, 6:43 PM
    • #7
    • 4th Oct 17, 6:43 PM
    So the lady who told me I cannot get it backdated could be wrong I will ring them again.Should I also get in touch with welfare rights to help me to.
    Last edited by MARADONA123; 04-10-2017 at 6:46 PM.
    • benidorm59
    • By benidorm59 4th Oct 17, 6:48 PM
    • 108 Posts
    • 37 Thanks
    benidorm59
    • #8
    • 4th Oct 17, 6:48 PM
    • #8
    • 4th Oct 17, 6:48 PM
    She is wrong, but you need to appeal that decision and ask for it to be looked at again, tell them the date you think that you may be entitled to it from and they will look again at it, a SDM special decision maker, they will have to check the systems ie CIS to prove entitlement and can only go back as far as they can see entitlement. CIS can hold entries as early as 1992 so you may be lucky but you would have to see. Worth trying and good luck
    • MARADONA123
    • By MARADONA123 6th Oct 17, 2:35 PM
    • 6 Posts
    • 0 Thanks
    MARADONA123
    • #9
    • 6th Oct 17, 2:35 PM
    • #9
    • 6th Oct 17, 2:35 PM
    I was able to find out from the DWP that I got first got income support back in March 1994,but the DWP are unable to go back to the Nineties to find out when I first got DLA,just goes back to Jan 2008.
    • epitome
    • By epitome 7th Oct 17, 12:52 PM
    • 2,896 Posts
    • 1,785 Thanks
    epitome
    Ok.

    Your ESA started from MAY 2017,
    ESA can only pay you SDP from MAY 2017...

    The decision is correct, no point challenging the decision.

    Your Previous claim was Income Support
    You might have been entitled to have SDP on Income Support.
    That claim is now closed.
    You can phone Income Support and request that SDP is considered for your Income Support claim.
    If they tell you it can't because it is closed - they are wrong-
    and you should ask for a call back from Income Support

    The SDP can be awarded retrospectively on a closed claim,
    HOWEVER, In order to award you the SDP, the DWP (Income Support)
    need to have evidence of what your award was for every week of your claim,
    that is every week, for the last 20 years. And evidence in the same way, of your father's DWP claims.

    Your data on DWP computers will only go back a couple of years
    (sometimes not even a couple of weeks).
    The DWP keeps paper copies but these are not always complete,
    and almost certainly would not go back 20 years.


    If you ask Income Support you should get something from them,
    how far back they go is dependant on the evidence that they have
    maybe a couple of months maybe 3 years, but 20 years...I doubt that very much.


    Whatever arrears you get will be "official error" and will be disregarded as capital for 1 year.
    Unless you get more than £5,000, in which case it will be disregarded for rest of your ESA claim
    no matter how long that turns out to be for.
    Last edited by epitome; 07-10-2017 at 1:03 PM.
    • 45002
    • By 45002 7th Oct 17, 7:54 PM
    • 397 Posts
    • 331 Thanks
    45002
    I was able to find out from the DWP that I got first got income support back in March 1994,but the DWP are unable to go back to the Nineties to find out when I first got DLA,just goes back to Jan 2008.
    by MARADONA123
    For reference

    https://www.consumeractiongroup.co.uk/forum/showthread.php?481993-Severe-Disability-Premium-backdated

    Plus

    https://www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=118686

    Plus

    https://www.mentalhealthforum.net/forum/thread171908.html




    ...
    Last edited by 45002; 07-10-2017 at 8:11 PM. Reason: 3rd url added
    My signature been censored again by MSE, no reason given how rude...
    • Bananas123
    • By Bananas123 8th Oct 17, 12:59 PM
    • 293 Posts
    • 123 Thanks
    Bananas123
    you need to be single household for sdp, as it was your fathers household, you were not eligable.

    after he passed, you obtained single household status, therfore were awarded sdp.

    you are not eligable for sdp for the peroid prior on this basis.

    people are telling you incorrect information.
    • poppy12345
    • By poppy12345 8th Oct 17, 2:23 PM
    • 1,550 Posts
    • 1,376 Thanks
    poppy12345
    you need to be single household for sdp, as it was your fathers household, you were not eligable.

    after he passed, you obtained single household status, therfore were awarded sdp.

    you are not eligable for sdp for the peroid prior on this basis.

    people are telling you incorrect information.
    Originally posted by Bananas123
    You clearly have no idea what you're talking about.
    • benidorm59
    • By benidorm59 8th Oct 17, 2:27 PM
    • 108 Posts
    • 37 Thanks
    benidorm59
    Whatever arrears you get will be "official error" and will be disregarded as capital for 1 year.
    Unless you get more than £5,000, in which case it will be disregarded for rest of your ESA claim
    no matter how long that turns out to be for.[/QUOTE]


    Do you have the link for the guidance for this Epitome this is interesting thought it was twelve months
    • epitome
    • By epitome 8th Oct 17, 2:35 PM
    • 2,896 Posts
    • 1,785 Thanks
    epitome
    Hmmmm DMG 52113 springs to mind...

    That is only from memory so I might be off a bit.

    And only because I was reading it last week... LOL My memory is not that amazing...

    It was DMG on "Capital"
    Last edited by epitome; 08-10-2017 at 2:38 PM.
    • pmlindyloo
    • By pmlindyloo 8th Oct 17, 2:37 PM
    • 10,760 Posts
    • 12,638 Thanks
    pmlindyloo
    Whatever arrears you get will be "official error" and will be disregarded as capital for 1 year.
    Unless you get more than £5,000, in which case it will be disregarded for rest of your ESA claim
    no matter how long that turns out to be for.
    Originally posted by benidorm59

    Do you have the link for the guidance for this Epitome this is interesting thought it was twelve months[/QUOTE]

    Think this is it:

    Arrears and concessionary payments of £5,000 or more
    When the disregard applies
    52512 The disregard applies where
    1. the claimant receives arrears of one of the benefits, allowances or payments
    listed in DMG 52495 and, if appropriate, any concessionary payment to
    compensate for the late payment of that benefit and
    Vol 9 Amendment 24 June 2017
    2. the total of the arrears and any concessionary payment (“the relevant sum”)
    is £5,000 or more and
    3. the relevant sum is paid to rectify or compensate for an official error (see
    DMG 03256) and
    4. the relevant sum is received in full by the claimant on or after 14.10.011
    .
    1 ESA Reg, Sch 9, para 11(2)(a) & (b)
    • epitome
    • By epitome 8th Oct 17, 2:46 PM
    • 2,896 Posts
    • 1,785 Thanks
    epitome
    52512 & 52513
    • benidorm59
    • By benidorm59 8th Oct 17, 3:52 PM
    • 108 Posts
    • 37 Thanks
    benidorm59
    Also Epitome I am trying to find out for a friend if DLA middle rate ceases mid benefit week do they get SDP for that week. He thinks the DWP owes him one weeks money as they didn't pay him the last week Not Hi Jacking this thread
    • nannytone
    • By nannytone 8th Oct 17, 4:09 PM
    • 12,205 Posts
    • 18,118 Thanks
    nannytone
    you need to be single household for sdp, as it was your fathers household, you were not eligable.

    after he passed, you obtained single household status, therfore were awarded sdp.

    you are not eligable for sdp for the peroid prior on this basis.

    people are telling you incorrect information.
    Originally posted by Bananas123
    on several occasions, i and other posters have had to tell you that you are giving incorrect information.

    you really need to stop guessing and to find out the FACTS before you post
    • Bananas123
    • By Bananas123 8th Oct 17, 4:12 PM
    • 293 Posts
    • 123 Thanks
    Bananas123
    the other alternative is the gouvernment handing out backdated payments from the 90's going foreward ?????????????????????????????????????????????????? ???????????????????

    HOW STUPID CAN YOU PEOPLE GET
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