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Can Severe Disability Premium be backdated?

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  • GirlFromMars_2
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    My brother was recently awarded PIP and then he was sent a form to claim Severe Disability Premium (which we completed knowing that he won't get it as I get CA for him and he is currently not living alone as he is temporarily living with me).

    If he had fulfilled the criteria and been awarded it, are you saying the Govt could then decide to take it away if they are considering abolishing it?
    Firstly this is a totally hypothetical question, as your brother doesn't qualify.

    Secondly you are replying to a message from January 2013.

    And finally, have you not paid attention to the news in the past like 5 years? The government is doing their best to get rid of every possible benefit they can. So far as I know there are no current plans to get rid of the SDP, but who knows what will happen if we are stupid enough to vote the conservatives back in this May.

    Any benefit we currently receive can be taken away by a future government.
  • Robbie64
    Robbie64 Posts: 1,993 Forumite
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    Firstly this is a totally hypothetical question, as your brother doesn't qualify.

    Secondly you are replying to a message from January 2013.

    And finally, have you not paid attention to the news in the past like 5 years? The government is doing their best to get rid of every possible benefit they can. So far as I know there are no current plans to get rid of the SDP, but who knows what will happen if we are stupid enough to vote the conservatives back in this May.

    Any benefit we currently receive can be taken away by a future government.
    There is no SDP equivalent in Universal Credit so anyone in receipt of UC and who qualifies for PIP care or DLA middle or higher rate care, and who lives alone with no CA in payment, will not get any additional benefit. As people migrate to UC over the next few years from the benefits UC is replacing then the SDP in those claims will be lost too though at the point of migration there will be transitional protection to ensure that any person affected does not lose income.
  • eadieb
    eadieb Posts: 238 Forumite
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    I am applying for SDP for a client of mine and it is becoming a total pain. You usually get sent the simple form that just asks you to confirm you live alone and no one claims carers for you, and send it off. We are now onto our third form being lost! and every time you phone to check if they have the latest one, you have to wait 7 days or 12 days before they will pass a message to the other office to look.
  • eadieb
    eadieb Posts: 238 Forumite
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    not sure if this is relevant to this thread but can I just add that this year I have come across so many cases of people on contribution based ESA, in support group, but not being paid the enhanced disability premium. The difference is that they will be getting £108 pw but should be getting £123 if they claim income related esa to top up their contribution based. All depends on if they meet the means testing rules but this seems to be constantly coming up. I then find DWP 9/10 times flatly refuse to accept that a person can get contribution based ESA and income related at same time.
    It is the enhanced disability premium that triggers this.
  • nannytone_2
    nannytone_2 Posts: 12,955 Forumite
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    premiums are only paid on costs based benefit if the household income is low enough. they always have to be applied for. to be fair the people that speak to you on the phone, know next to nothing about benefit entitlement and only repeat what is shown on their screen.
    always send letters/forms by recorded delivery so they are signed for.
    its amazing how quickly these lost forms reappear
  • eadieb
    eadieb Posts: 238 Forumite
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    nannytone wrote: »
    premiums are only paid on costs based benefit if the household income is low enough. they always have to be applied for. to be fair the people that speak to you on the phone, know next to nothing about benefit entitlement and only repeat what is shown on their screen.
    always send letters/forms by recorded delivery so they are signed for.
    its amazing how quickly these lost forms reappear

    absolutely. everything sent with proof of posting. The enhanced disability ones though, should be awarded or offered to claim income related ESA at the point of being transferred from incapacity benefit to ESA, and that seems to be what is not happening. just got one of these cases backdated for 18 months.
  • nannytone_2
    nannytone_2 Posts: 12,955 Forumite
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    a lot of people transferring from IB will have other household income/working partners and no have no entitlement to the premiums.
    you may consider it to be wrong, but the onus has always been on the claimant to find out which benefits they should be claiming
  • eadieb
    eadieb Posts: 238 Forumite
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    I can see that with many income related benefits but on the ESA transfer the regs say that the claimant should be transferred onto the correct rate of ESA to which they are entitled. So if a person moves from IB straight into ESA support group then the enhanced disability premium should go straight onto their calculation, in the same way the support group premium does. and that should straight away show the claimants contribution based ESA is lower than the applicable amount, and they should then send out an invitation to claim income related top up. its the same benefit, ESA. its different to claiming e.g income support to top up carers allowance.

    if it is the case that the onus is on the ESA claimant to find out about the enhanced disability premium at some point, then they would not be backdating the cases we challenge. I have had 6 of these exact same cases in last 12 months and all have successfully backdated to the time that the person was entitled to the enhanced disability group. But all with varying degrees of difficulty and complaints.

    The common thing I noticed with these clients is that they would have the housing benefit calculation including the enhanced premium but their ESA notification letter calculations doesn't. It gets missed off the contribution based ESA claimants but should be automatic.
  • eadieb
    eadieb Posts: 238 Forumite
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    sorry, if I am not making sense, but the decision to add premiums into a claim calculation is not based on a persons income. The premiums are added together and the basic applicable amount is set, then the person is means tested against the applicable amount.
  • nannytone_2
    nannytone_2 Posts: 12,955 Forumite
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    iys the same thing.
    income related ESA automatically receives the eligible premiums because they have already been means tested to qualify for the income related benefit.
    those on costs based have to be means tested before they qualify..
    means testing is all about household income ( or lack of it)
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