Back Payment For SDP

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 have been in receipt of ESA group payment 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

missapril75

I'm unfamiliar with the ESA rules so I'll leave that to someone else. Generally if the DLA in payment suggests potential SDP they send the form.

But I do remember reading something about having a month to give them the info needed to put it into payment.

You say they advised you of possible entitlement in January and they got the form back in February. Might it be that whatever date it was in February was more than a month after the January date in which case the deadline was missed?

Mr_Lawnmower

There isn't enough information to give a definitive answer.

Was any mention made of the DLA entitlement in the application leading up to the May 2013 ESA award? When did entitlement to Income Related ESA start?

Southey

Hi thanks for your replies I will give you a bit more information.
I started receiving DLA in March 2013 Middle Care and Low rate Mobility . I originally started on ESA in Jan 2013 but due to a mix up with ATOS they failed to send me a medical form out so my ESA claim got cancelled in March 2013 after explaining the situation to ESA through several phone calls and letters they restarted my entitlement in May 2013 and backdated it to March 2013. In Oct 2013 I had a medical through ATOS and was put on ESA groups and was back paid to May 2013.
In Jan 2014 the DLA looked at my claim again and upgraded me to high rate Mobility but I stayed on Middle Rate Care.
I then received a form(IS10) in regards to SDP and the end of Jan 14 I sent this back but they said they didn't receive it so had to send another one in which they processed and I was awarded SDP but they would only backdate claim to the 13/02/14 the date they received form. When I questioned this they told me that they couldn't authorise backdating my claim back to March 2013 as it would need someone higher in their department to make the decision even though they had told it would be backdated to when I started on Middle Rate Care. So now I'm not sure what I can do and need advice as it is a large amount of money just to write off especially when they admitted I should have already been on SDP due to the DLA award in March 2013 but they failed to inform me of my entitlement to the benefit and I didn't know SDP existed so wouldn't have claimed it myself.
I would be grateful for any help or suggestions

cattie

If the reason for not receiving SDP was due to DWP error, then backdating would be allowed. IE, say if you contacted DWP to ask about the extra premium & they told you no, that you didn't qualify for any additional premiums.

If the reason for not claiming SDP sooner was because you didn't know about it, then no backdating is allowed as it is up to the claimant to find out any benefits/premiums that they may qualify for. The onus is not on the DWP to research benefits that a claimant might be entitled to. In this case, the backdating will only be from the date that the form was asked for if date stamped, or received back after being filled in.

You must not look upon it as money you have been robbed of or anything similar, as although your entitlement to DLA started in March 2013, your entitlement to SDP didn't begin until you applied for it in Jan/Feb 2014.

A similar thing happened to a friend of mine, but she was just overjoyed to find that this additional premium was something she could claim for & be awarded & was very grateful to have an increase in her benefit payments, which helped make her life so much better financially.

Morglin

Yes, unfortunately, the DWP do not feel it their role to advise anybody of anything they could claim for, and it is up to the claimant to go around Information sites etc., and find out for themselves.

If you had applied, and the DWP failed to implement it, then, yes, you would have a case, but they won't do backdating simply because a 'claimant didn't know'.

Lin

Southey

Hi thanks for your replies and the information supplied don't misunderstand me I am not a greedy person and I am very grateful for the extra money as it has helped me a great deal.
I was asking because I was informed by ESA section that I should have already been on SDP and that it was an oversight on their part but the ESA department who dealt with claim only backdated to them receiving the form although they assured me it would be back dated to the start of original claim (March 2013) and that's why I had asked if there is anything I can do if they didn't follow through with what they informed would be done.


I hope this makes my question a little more clear I apologise I am not very good at wording things clearly.


Thank You for an advice offered

Poppie68

Southey wrote: »

Hi thanks for your replies and the information supplied don't misunderstand me I am not a greedy person and I am very grateful for the extra money as it has helped me a great deal.
I was asking because I was informed by ESA section that I should have already been on SDP and that it was an oversight on their part but the ESA department who dealt with claim only backdated to them receiving the form although they assured me it would be back dated to the start of original claim (March 2013) and that's why I had asked if there is anything I can do if they didn't follow through with what they informed would be done.


I hope this makes my question a little more clear I apologise I am not very good at wording things clearly.


Thank You for an advice offered

For it to be an oversight on their behalf you would of actually had to of applied for it at the time.. All benefit agencies rely on applicants to enquire and apply for any or all benefits they may be entitled too.

Southey

I didn't apply ESA sent me a letter telling me I was entitled to SDP due to me been on middle rate care DLA and they told me on phone it was an oversight on their behalf they had not sent the form out sooner it only came to their attention when the DLA increased my mobility rate (Jan 2014) due to my health problems getting worse but my care rate as never changed it as always been middle rate.

Mr_F_Dorsetty

I'm on higher rate DLA care and mobility, ESA Support Group and my wife gets carers allowance.

Please - what does SDP stand for!?


AHA!!

Severe Disability Premium!!¬ Which I can't get because my wife gets carer allowance

In the nicest possible way sometimes I get very lost on here when people do not at least once, point out what they are shortening. DLA we all know, ESA we all know, but SDP?

All I could think of was the now defunct 'Social Democratic Party' or 'social, domestic and pleasure' car insurance!

speedfreek1000

Southey wrote: »

I didn't apply ESA sent me a letter telling me I was entitled to SDP due to me been on middle rate care DLA and they told me on phone it was an oversight on their behalf they had not sent the form out sooner it only came to their attention when the DLA increased my mobility rate (Jan 2014) due to my health problems getting worse but my care rate as never changed it as always been middle rate.

SDP is an amount paid as part of a total benefit award (e.g. ESA/JSA) and becomes payable from the date when eligibility arises.

There is no back dating as you do not apply for it. Once the entitlement conditions are met it is the duty of the DWP to investigate and apply the premium. If they don't then it's official error.

Back dating is the wrong term to use as this is a back payment to cover the period from when entitlement commenced to present day.

Back dating is I didn't report a change/applied for benefit would you please accept my application from X date before I told you.

With SDP as long as the conditions are met it is payable from the date those conditions are met.

e.g you're on ESA and appeal a DLA LRC decision Jan 2013 in Jan 2014 you win and get awarded MRC - you meet all the conditions and are sent and fill in a IS10 from Feb 2014 - the SDP premium will be added to your total ESA award from Jan 2013 and you will receive back pay of SDP for the whole period

The only thing which could alter that is if you failed to report a change of circs which effected SDP eligibility. e.g. you have a carer they move out Jan 2013 - you report this on Jan 2014 - the DWP could argue that they will only pay SDP from the point you informed them you were now eligible Jan 2014. Here because you failed to declare in a timely manner you could try and ask them to consider back dating the entitlement decision to before you informed them.