Severe Disability Premium backdated

MARADONA123

Hi all

I currently get PIP and ESA. My father passed away in July this year,so I took over the tenancy and did a quick benefits check online, that is when I came across SDP.

I have never heard of SDP before.So I rang the DWP in July this year and applied for it.I got it backdated to May this year, after doing more research I now believe I may be entitled to having my SDP backdated further.

I was originally on DLA middle rate care and low mobility as well as Income Support before I was transferred over to ESA and PIP.I was transferred over from DLA to PIP last March.I was also transferred over from Income support to ESA in May this year.

I had been on Income Support and DLA since the early nineties,but never got SDP,I now know I was eligible since no one has ever claimed Carers Allowance for me,and although I had lived with my dad for over 20 years he was on high rate DLA and Income Support to.So he was on a qualifying disability benefit so i would be classed as living alone.

I have been in touch with the DWP and the lady on the phone told me I would not be able to get it backdated any further.Would that be right or is she wrong.

poppy12345

MARADONA123 wrote: »

Hi all

I currently get PIP and ESA. My father passed away in July this year,so I took over the tenancy and did a quick benefits check online, that is when I came across SDP.

I have never heard of SDP before.So I rang the DWP in July this year and applied for it.I got it backdated to May this year, after doing more research I now believe I may be entitled to having my SDP backdated further.

I was originally on DLA middle rate care and low mobility as well as Income Support before I was transferred over to ESA and PIP.I was transferred over from DLA to PIP last March.I was also transferred over from Income support to ESA in May this year.

I had been on Income Support and DLA since the early nineties,but never got SDP,I now know I was eligible since no one has ever claimed Carers Allowance for me,and although I had lived with my dad for over 20 years he was on high rate DLA and Income Support to.So he was on a qualifying disability benefit so i would be classed as living alone.

I have been in touch with the DWP and the lady on the phone told me I would not be able to get it backdated any further.Would that be right or is she wrong.

You say your father was on high rate DLA but which part?

MARADONA123

My father was on high rate care and high rate mobility.

benidorm59

It can be backdated to the date of entitlement if they have only backdated to May which seems random then you need to appeal this decision, ring and ask for a review of the decision.

poppy12345

benidorm59 wrote: »

It can be backdated to the date of entitlement if they have only backdated to May which seems random then you need to appeal this decision, ring and ask for a review of the decision.

Which in the OP's case would be the 1990s :eek: i'm not even sure they would back date this far to be honest. That would be an insane amount of money!

benidorm59

its possible SDM would look at the case

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/

MARADONA123

So the lady who told me I cannot get it backdated could be wrong I will ring them again.Should I also get in touch with welfare rights to help me to.

benidorm59

She is wrong, but you need to appeal that decision and ask for it to be looked at again, tell them the date you think that you may be entitled to it from and they will look again at it, a SDM special decision maker, they will have to check the systems ie CIS to prove entitlement and can only go back as far as they can see entitlement. CIS can hold entries as early as 1992 so you may be lucky but you would have to see. Worth trying and good luck

MARADONA123

I was able to find out from the DWP that I got first got income support back in March 1994,but the DWP are unable to go back to the Nineties to find out when I first got DLA,just goes back to Jan 2008.

epitome

Ok.

Your ESA started from MAY 2017,
ESA can only pay you SDP from MAY 2017...

The decision is correct, no point challenging the decision.

Your Previous claim was Income Support
You might have been entitled to have SDP on Income Support.
That claim is now closed.
You can phone Income Support and request that SDP is considered for your Income Support claim.
If they tell you it can't because it is closed - they are wrong-
and you should ask for a call back from Income Support

The SDP can be awarded retrospectively on a closed claim,
HOWEVER, In order to award you the SDP, the DWP (Income Support)
need to have evidence of what your award was for every week of your claim,
that is every week, for the last 20 years. And evidence in the same way, of your father's DWP claims.

Your data on DWP computers will only go back a couple of years
(sometimes not even a couple of weeks).
The DWP keeps paper copies but these are not always complete,
and almost certainly would not go back 20 years.


If you ask Income Support you should get something from them,
how far back they go is dependant on the evidence that they have
maybe a couple of months maybe 3 years, but 20 years...I doubt that very much.


Whatever arrears you get will be "official error" and will be disregarded as capital for 1 year.
Unless you get more than £5,000, in which case it will be disregarded for rest of your ESA claim
no matter how long that turns out to be for.

45002

MARADONA123 wrote:

I was able to find out from the DWP that I got first got income support back in March 1994,but the DWP are unable to go back to the Nineties to find out when I first got DLA,just goes back to Jan 2008.

For reference

https://www.consumeractiongroup.co.uk/forum/showthread.php?481993-Severe-Disability-Premium-backdated

Plus

https://www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=118686

Plus

https://www.mentalhealthforum.net/forum/thread171908.html




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