ESA SDP not added to benefit.

Paul_Jones_3

Hi all again, I asked earlier about ESA and carers allowance and what the effect would be to my ESA premiums, it now transpires that I have not been awarded the SDP only the EDP, I am on high rate DLA care and low rate Mobility. I understand that I need to claim this premium with a form ES10 ? Can anyone shed any light on this please, I am long term disabled and would have thought this would be added automatically, if not I have lost a huge chunk of money over the past 5 years. Many thanks.....Paul

allen35

If you are already in receipt of Income Support or income based benefits and you were entitled to the SDP it should be backdated back to the original decision.

Example: On Incapacity Benefit/ESA contribution based and being entitled to SDP, rarely will they backdate without good cause as not already in receipt of relevant benefit.

On Income Support/ESA(IR) and entitled to SDP it will usually be backdated to the original entitlement.

I've known both cases where the latter paid £2500 backdated benefit and the former was from the date of notifying them having to make a fresh claim.

Obviously this depends on you living alone and no one claiming carers allowance.

epitome

You only get SDP if you live alone (generally speaking)
http://www.nhs.uk/CarersDirect/moneyandlegal/otherbenefits/Pages/ESA-how-much.aspx
scroll down click on "premiums"


Do you live alone or with a partner or with your family? or with whom?
Will your partner be the one that will care for you?
If your partner cares for you, you will get an additional carer premium about £33, but their carers allowance will be deducted from your ESA, (they will still get the CA so you lose nothing over all but you get the additional carers premium.

I see from your other thread that you do live alone.... You can only backdate your claim to SDP for a period whilst you have been alone.
You should apply for SDP ussing form IS10 not ES10 you can have this form sent to you by phoning ESA or you couldd try going to a local Jobcentre to see if they have them.

If you are lucky and say you get SDP backdated 5 years, that will be a lot of money, so you should be aware that arrears of £5000 or more for DWP errors are disregarded for the savings limits of £16000 indefinately for the life of the claim.
Arrears under £5000 are disregarded for 12 months.

*So you would want to find out was it classed as an error?
It may not be classed as an error as it may be your responsibility to have claimed it on an IS10 form.
So if you have a substantial amount I would be asking a Decision Maker how long the amount would be disregarded for the purposes of capital £6000 - £16000 limit
And what would it be ok to spend the money on?

epitome

allen35 wrote: »

If you are already in receipt of Income Support or income based benefits and you were entitled to the SDP it should be backdated back to the original decision..

True but he already gets EDP so he is already on ESA IR, so it should backdate at least to when he started to get EDP as long as he lived alone.

Paul_Jones_3

I do live alone and have done for 5 years since my divorce, I have been claiming income based ESA all that time, I have been awarded high rate care DLA and low rate mobility all that time, I have no carer and I have an award of EDP which is around £15 per week. I have checked my ESA award letter today and there is no SDP awarded. I will phone them tomorrow, thanks for all your help...

Southey

Hi wondering if anyone can help I have been on middle rate care of DLA since March 2013 but was only informed in Jan 2014 via letter I was entitled to SDP I returned the IS10 form but they have only backdated my claim to the date they received form back Feb 2014 although I been in receipt of ESA group payments since May 2013 and DLA March 2013 can I appeal against this decision and what do I have to do would appreciate any advice thanks