Backdating of Severe Disability Premium on ESA

Lowrix98

I had my SDP backdated but my support worker applied for me straight after my PIP was accepted.

Good luck I hope you get something, Xx

nannytone_2

Lowrix98 wrote: »

I had my SDP backdated but my support worker applied for me straight after my PIP was accepted.

Good luck I hope you get something, Xx

waiting for a PIP award would be good reason for not applying earlier, as without the PIP award, you wouldn't have been eligible for the SDP

lexbubbles

nannytone wrote: »

when i was awarded middle rate care DLA, i was sent information explaining the severe disability premium, along with details of how to apply.
i was already receiving income related ESA but still had to apply for the SDP.

if i hadn't asked them about it, then they wouldn't have offered

I was awarded middle rate care DLA in 2008 (indefinite award) - four years before I applied for ESA. So I wasn't already on another benefit and then given information after DLA was awarded.

At the time of applying for DLA I was sent no information explaining SDP (since I wasn't on any other benefits - I wasn't eligible for any because at the time I was a full-time student before my condition deteriorated significantly in my early 20s) and as stated before, also didn't get such information when applying for ESA four years later.

My ignorance in this case is not so much "didn't bother to read the leaflet" (which people seem to keep assuming. I ALWAYS read leaflets. Almost compulsively) as much as "was never provided any information in the first place". Nice that they sent you information though. Maybe they do that when you get ESA first and DLA afterwards.

missapril75

nannytone wrote: »

when i was awarded middle rate care DLA, i was sent information explaining the severe disability premium, along with details of how to apply.
i was already receiving income related ESA but still had to apply for the SDP.

if i hadn't asked them about it, then they wouldn't have offered

You are misinterpreting that. They sent you the information because the DLA award throws up the possibility of SDP.

If you don't respond then they don't have the info to increase the ESA/IS. Tha's not the same as applying for it.

Sometimes existing income may be just above the ESA/IS levels and the DLA triggering SDP eligibility may result in someone becoming newly entitled. In those circumstances then it would be a new benefit claim requiring an application.

But the Premiums are part of ESA/IS/JSA.

A few people on this thread (and other threads) have referred to form IS10. That is the response the DWP makes when they are aware of the potential of SDP being included.

nannytone_2

i do understand what you're saying, and I'm not criticising you for not knowing ... I'm just saying how it works.

there is information that they need to award the SDP which they wouldn't hold unless you informed them. the fact that an award if carers allowance stopped wouldn't automatically entitle you to the SDP.

the fact that you receive income related ESA doesn't tell them if you live alone, just that there is no other significant household income.

you could live with a parent, an adult child, a sibling or a friend, all of which would mean you are entitled it income related ESA, but make you ineligible for the SDP ( apart from if all the other adults are also receiving a qualifying disability benefit).

lexbubbles

missapril75 wrote: »

You are misinterpreting that. They sent you the information because the DLA award throws up the possibility of SDP.

If you don't respond then they don't have the info to increase the ESA/IS. That's not the same as applying for it.

Right. And I was in receipt of DLA looong before applying for ESA. L had also been receiving CA for about a year? two? at that point, too, (and I was house-sharing anyway) so even my initial application didn't warrant me getting any info about SDP because I wasn't eligible at the start.

(I know you know this, April, I'm just clarifying for others)

A few people on this thread (and other threads) have referred to form IS10. That is the response the DWP makes when they are aware of the potential of SDP being included.

Which, in an ideal would, would have been triggered when I told them about the move and my single occupancy.

Putting the onus on people to claim benefits they have been informed of is reasonable. Expecting people to request forms for things they don't know exist is a bit silly. I have many talents, being psychic isn't one of them.

lexbubbles

nannytone wrote: »

the fact that you receive income related ESA doesn't tell them if you live alone, just that there is no other significant household income.

I've already said I told them I lived alone, though. That's what myself and April have been discussing - that even if I didn't specifically tell them the CA award had stopped I did inform them that I moved 450 miles* and was living alone** which should have triggered an SDP review.


*outside of anything that could be a 'reasonable distance' from my carer
**carer obviously did not come with me

nannytone_2

but YOU were not receiving carers allowance.
the person giving the care received it.
when they cancelled their claim for carers allowance, your claim wouldn't have been looked at automatically

missapril75

nannytone wrote: »

there is information that they need to award the SDP which they wouldn't hold unless you informed them. the fact that an award if carers allowance stopped wouldn't automatically entitle you to the SDP.

But that's the point I am making. The computer system WILL want to include SDP when the appropriate DLA is in payment.

The person assessing prevents that by prompting an enquiry to see if conditions for SDP are met or by overriding the SDP.

In the case of the OP they had already input an override previously because there was a carer/CA was in payment. When advised that there is now no carer/CA was no longer in payment, failing to remove the override was an error.

There remains the possibility that living with someone would also override the SDP.

Hence the official procedure for the need to enquire.

lexbubbles

nannytone wrote: »

but YOU were not receiving carers allowance.
the person giving the care received it.
when they cancelled their claim for carers allowance, your claim wouldn't have been looked at automatically

This is literally what we've been discussing the entire thread. When I provided information that I had moved across the country and was now living alone that should have triggered a review.

Even if it wasn't triggered when CA was cancelled by my carer (which is fine, whatever), it should have been flagged when I said "I moved 450 miles and live on my own now" as something which needed review or investigation because I previously lived with my carer which is the point April has been making - it wasn't.