Can you get SDP Backdated?
timdmgd
Posts: 45 Forumite
Hi all,
I became disabled in 1999 and have been reliant on benefits ever since. I was getting incapacity benefit until May 2013 when it was stopped and was replaced with the appeal rate of ESA. (Surprise surprise, I failed the assessment), have my appeal coming up in about a month. I've been getting DLA since about 1999 too, middle rate care & high rate mobility ((both indefinitely) I know, I know PIP is coming). My benefits advisor has just told me that I'm entitled to severe disability premium too, so we're going for it. If the claim is successful, what are the chances (is it even possible) to get it back dated a bit?
I became disabled in 1999 and have been reliant on benefits ever since. I was getting incapacity benefit until May 2013 when it was stopped and was replaced with the appeal rate of ESA. (Surprise surprise, I failed the assessment), have my appeal coming up in about a month. I've been getting DLA since about 1999 too, middle rate care & high rate mobility ((both indefinitely) I know, I know PIP is coming). My benefits advisor has just told me that I'm entitled to severe disability premium too, so we're going for it. If the claim is successful, what are the chances (is it even possible) to get it back dated a bit?
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Comments
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The SDP can be backdated as long as you had/ have an active IS claim. You mention 'we', do you live alone or have a carer?
(Just noticed the dates - I can't see them backdating for the whole period.)0 -
No, I don't have anybody claiming carers anything, when I said 'we', I meant myself & my benefits advisor.
How long has SDP been in existence?0 -
As the onus is on the claimant to make themselves aware of all benefits available to them your chances are very slim...0
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No, I don't have anybody claiming carers anything, when I said 'we', I meant myself & my benefits advisor.
How long has SDP been in existence?
Not sure, as long as IS. Did you have an active IS claim?As the onus is on the claimant to make themselves aware of all benefits available to them your chances are very slim...
Premiums are treated differently to the benefit itself. If the OP did not have an active IS claim they won't receive anything prior to the ESA changeover. If they did claim IS then the premium should have been added - the claimant does not need to show good cause in this case.0 -
No, I've never claimed IS.0
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I don't understand, what do you mean?0
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SDP can only be paid as part of a means-tested benefit - Income Related JSA, Income Related ESA, Income Support or Pension Credit Guarantee Credit. You cannot get SDP unless you were in receipt of one of these benefits. (Universal Credit is deliberately not part of this list - one of the controversial features of UC is that there is no SDP).
It is possible some entitlement to Income Related ESA existed from the start of the ESA claim in May 2013 if SDP was included.
A new claim for ESA includes questions relating to Contributions Based ESA and Income Related ESA. However, the transition process from IB to ESA might not look at possible entitlement to Income Related ESA, which may have to be claimed on top of any Contributions Related ESA.
I think the most backdating you can hope for is to May 2013, and only then if the transition process to ESA should have looked at your entitlement to Income Related ESA. This is definitely one for a good advisor to look into fully.0 -
Mr_Lawnmower wrote: »SDP
I think the most backdating you can hope for is to May 2013, and only then if the transition process to ESA advisor to look into fully.
the above is correct0
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