Can Severe Disability Premium be backdated?

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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
«1345

Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
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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.
  • ohdearohdear
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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
  • Muttleythefrog
    Muttleythefrog Posts: 19,806 Forumite
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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/moneyandlegal/carersbenefits/Pages/Severe-disability-premiums.aspx
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • nannytone_2
    nannytone_2 Posts: 12,951 Forumite
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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
  • stargazer59
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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/moneyandlegal/carersbenefits/Pages/Severe-disability-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.
  • von
    von Posts: 541 Forumite
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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.
  • benefitbaby
    benefitbaby Posts: 1,099 Forumite
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    ...and if you technically count as libving alone and no-one claims CA for you.
  • emmafifema
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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


    So you get SDP whilst recieving low rate care DLA?
  • mikey_bach
    mikey_bach Posts: 911 Forumite
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    edited 3 January 2013 at 12:35AM
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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..
  • nannytone_2
    nannytone_2 Posts: 12,951 Forumite
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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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