Backdating of Severe Disability Premium on ESA

lexbubbles

missapril75 wrote: »

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

Hence the official procedure for the need to enquire.

Right - because I moved out of a houseshare to a 1-bedroom flat by myself.

Even if they didn't automatically send out the IS10, would it not maybe be procedure to confirm on the phone whether carer's is in effect? When I told them of my single occupancy, I mean, since they'd be forcing an SDP override again.

missapril75

lexbubbles wrote: »

Even if they didn't automatically send out the IS10, would it not maybe be procedure to confirm on the phone whether carer's is in effect?.

I suppose some may do that but in the event of a dispute later - let's say SDP was awarded because someone said they lived alone when they didn't - there would be no proof they had said that without something in writing, signed.

Imagine you saying in a phone call that CA was not in payment and they misheard it as CA was in payment. They would override the SDP so you wouldn't get it.

Then if/when the mistake comes to light there's no proof of what you really said

lexbubbles

missapril75 wrote: »

I suppose some may do that but in the event of a dispute later - let's say SDP was awarded because someone said they lived alone when they didn't - there would be no proof they had said that without something in writing, signed.

Imagine you saying in a phone call that CA was not in payment and they misheard it as CA was in payment. They would override the SDP so you wouldn't get it.

Then if/when the mistake comes to light there's no proof of what you really said

I meant more verifying the state of CA on the phone in order to send or not send an IS10 form / do the review if you see what I mean

nannytone_2

i used to work for a disability charity and i don't know anyone that has received the SDP without having had to phone up and request an IS10.
i have never known it to be automatically awarded on the basis of a DLA award alone

lexbubbles

nannytone wrote: »

i used to work for a disability charity and i don't know anyone that has received the SDP without having had to phone up and request an IS10.
i have never known it to be automatically awarded on the basis of a DLA award alone

Nobody is saying it should be awarded on the basis of DLA alone??? We're saying they were provided information that would have changed eligibility to SDP which should have prompted a note in the system - and then be given information on SDP. Just like you received info on SDP and how to apply for it when your DLA was awarded and your eligibility changed. No information was supplied and no review undertaken after they were provided with change in circumstance information. That's the point.

Nobody has ever said you get SDP purely for having DLA.

nannytone_2

that wasn't what i meant.

the DLA along with an income related benefit is what makes a person potentially entitled to the SDP.

each claimant has ! claim to check on whereas the DWP have tens of hundreds of thousands.

that is why the onus is on the claimant.
the ONLY way a calim for SDP can be made is via an IS10 ... you can't do it over the phone.
i know you told them you were living alone and they SHOULD have suggested that you have a benefits check done ... but they didn't.

unless you can prove that you were mis informed in some way, i very much doubt if you will be successful in getting a backpayment

missapril75

lexbubbles wrote: »

I meant more verifying the state of CA on the phone in order to send or not send an IS10 form / do the review if you see what I mean

You mean by phoning the CA department? Not the easiest people to get hold of. Not in my day anyway.:rotfl:

lexbubbles

missapril75 wrote: »

You mean by phoning the CA department? Not the easiest people to get hold of. Not in my day anyway.:rotfl:

:rotfl: lord only knows who my carer spoke to to cancel it.

No, I meant like

"I've moved house to [redacted] and I now live alone"
*screen flags possible SDP eligibility check because change in status*
"my screen shows someone receives CA for you. Is that still the case?"
"no"
*sends information about SDP*

you're right in that mishearing isn't something that could be proven, but that piece of information would have been checked and possibly information about SDP could have been sent out.

Or, like, getting the information to override/not override the SDP rather than just saying "nah, not eligible" without it if you get my drift.

I'm not sure I'm making sense now i am very tired

missapril75

@lexbubbles

In your case - with the override already in place - the only reason to have left it in place and not made the enquiry would be if you'd said there was still a carer or didn't live alone.

nannytone_2

i don't think the screen would have flagged if someone does or doesn't receive carers allowance for helping you though, as carers allowance would be part of someone else claim and not your claim.

you said you moved and now lived alone... did you also tell them that someone used to claim carers for helping you, byut they have now stopped their claim?