universal credit and sdp backpayment

hamaradam

Posting for a relative, (her homes just got flooded so am posting for her) she has for several years been entitled to sdp, but never known it nor received it. then she by chance read a magazine article at her doctors, found out she was entitled and gave dwp a call, she got backdated payments for 2 years but is actually owed 5 or 6. She called them back they said next that because she did not ever claim for it they can only give her the two years worth (she was on pip for them two years) previous was on dla, but on higher rate care component from the very start til present. They claim they sent a form a few years ago but she never got one. (how can a person apply for something that they don't know exists)?

Now, she has rang them again, they said no she cant have it but then she rang again, and spoke to someone else and they said apply to the jobcentre dealing with it. This she has done and sent recorded delivery. They have it. She's checked online.

Spanner in the works now is that her area has now gone over to universal credit, but when she applied for it her area was not universal credit. So should her backdated sdp money still reach her, or is universal credit going to be the excuse not to pay her what is due. ?

I think that surely because she applied in plenty of time before the switchover then they should honour it.

I wondered if anybody was knowledgeable on this matter? Many thanks in anticipation.

Alice_Holt

It should be backdated.

Is she now in receipt of UC or does she still receive legacy benefits (i.e IB ESA)?

If the latter then she should still receive SDP as an ongoing payment.

hamaradam

Thanks for reply. Her area has gone over to UC now. I believe she will be made to wait six weeks now for any payment, so she is unsure what she will be given and when. However, the question remains, it seems she is owed SDP for more years than what she has been given (back dated) it would appear that they have given her the backpayment of SDP for the time she was on pip, but not further back than that, for when she was on dla, but still entitled to it as she had higher rate care throughout all of those years, if that makes sense. Thanks.

[Deleted User]

Sounds like she needs to go and see someone at the CAB.

hamaradam

I think she needs someone with much more specialised experience. I cant see CAB who are government funded, being impartial either. But thanks anyway.

BorisThomson

hamaradam wrote: »

I think she needs someone with much more specialised experience. I cant see CAB who are government funded, being impartial either. But thanks anyway.

What a terrible thing to say, CAB help thousands of benefit claimants year in year out.

You are affected by a precedent that the govt are trying to use to limit backdating for thousands of claimants. CAB are fighting against this measure on behalf of all affected, but feel free to fight it alone if you want to.

Alice_Holt

hamaradam wrote: »

I think she needs someone with much more specialised experience. I cant see CAB who are government funded, being impartial either. But thanks anyway.

Oh dear.

Each CAB is an independent charity. It is not "government funded".
https://www.citizensadvice.org.uk/about-us/introduction-to-the-citizens-advice-service/

CAB's help & represent their clients in appealing against flawed DWP / HMRC decisions.
(Such as the DWP decision about your relative's SDP backdate)
Many CAB's have benefit caseworkers who are likely to be the only specialists in that city / region.
A colleague at my local CAB recently obtained a £16,000 SDP backdate for a client (not the reason he came to us), in addition to a successful ESA appeal.

You are completely wrong, and not helping your relative by your misrepresentation of the CAB

My answer @ post 2 stands. It should be backdated.

hamaradam

Hmm. A neighbour of mine only this year, tried to get assistance with them regarding council tax and fake liability orders, they could do nothing except set him up with a payment plan, for what he didn't owe...this was after many attempts to get an appointment, only way physically queue up, them to be told the quota for admissions had been reached try again another day....he said they were hobby solicitors at best, and the building was hired to them on a peppercorn rent from the council. ..i honestly think that if the CAB, were of any use then there would be no need for forums like these. I wonder are they affiliated with this site, per chance...?

Alice_Holt

hamaradam wrote: »

A neighbour of mine only this year,...... said they were hobby solicitors at best, and the building was hired to them on a peppercorn rent from the council. ..i honestly think that if the CAB, were of any use then there would be no need for forums like these. I wonder are they affiliated with this site, per chance...?

And a neighbour of my third cousin twice removed said that forumites who started their username with ham, posted complete nonsense 79.456% of the time!

Cheeky_Monkey

OP - please feel free to toddle off and get your advice elsewhere then because with your attitude, you're unlikely to get any more help here now.

NeilCr

hamaradam wrote: »

Hmm. A neighbour of mine only this year, tried to get assistance with them regarding council tax and fake liability orders, they could do nothing except set him up with a payment plan, for what he didn't owe...this was after many attempts to get an appointment, only way physically queue up, them to be told the quota for admissions had been reached try again another day....he said they were hobby solicitors at best, and the building was hired to them on a peppercorn rent from the council. ..i honestly think that if the CAB, were of any use then there would be no need for forums like these. I wonder are they affiliated with this site, per chance...?

Been a CAB volunteer for nigh on ten years now. On a break at the moment so I feel a bit freer than usual to respond to this.

It’s fair to say I’ve lost count of the number of clients who have come in and said my neighbour told me this” “someone I met in the pub told me”

Usually, these stories are about a family of Romanians who have just arrived in the country and have got a council house and x00s of benefits and/or someone on DLA/PIP who the neighbour has seen pole dancing in the local club. Invariably, they aren’t true.

In terms of your neighbour having to queue up I’m really not surprised. Many CABs are mainly staffed by volunteers because of lack of funding and are faced with ever increasing number of clients. Having spent some time trying to recruit, train and retain volunteers I know only too well just how difficult that is. In addition, certainly in my area, every single agency from the police to the council, including solicitors etc are more than happy to refer clients to the CAB. I had a client last year who had been pointed our way by the council planners. It gets them off their books.

Peppercorn rent. Possibly, I don’t know which area you are talking about. But I can tell you that where I am the council is supportive. They’ve helped us out with buildings but it is also likely that their annual payment will decrease. And that’s a good council. I am aware of others where it is more then possible that they will have to close if their funding is cut any more

Re this forum. Not everyone who posts here is going to need to go the CAB. It fulfils a need for those who require some information/advice/a different way of looking at things .If CAB was hugely efficient this forum would not cease to exist. Indeed, some of the advice from here is mind curdingly wrong. On t’other hand there are some amazingly informed and intelligent posters like Alice - like Darksparkle -like epitome - like IQ (sorry if I’ve missed anyone out!) who can provide answers more quickly than CAB -or any agency - would be able to.

Perhaps, hamaradam you and your neighbour would like to ask your local CAB if you could visit and see what it’s really like. Who knows you may feel that you could get involved as opposed to sniping from the sidelines....

And, yes, before I get jumped on I know CAB sometimes can’t provide alll the answers, can get it wrong. But, it’s worth remembering that, basically, it’s a volunteer organisation with limited funding (I won’t get into the politics) which is expected to give advice on immigration, benefits, relationships, employment, debt, consumer etc etc etc.

Dead easy to have a go. Not quite so simple to do it yourself!