is Severe Disability Premium time limited? claming approx 12 years backdate

bill_rogers

I assume that he was migrated from Income Support to ESA ? Was he?

YES, he was receiving Income Support and migrated onto ESA.

When did the IS clam start?

HE, believes his IS claim stated around 1990, but his DLA Middle rate stated around 2004/05

When did the migration take place i.e. when did ESA start (for the first time)

HE believes the migration from IS to ESA took place between 2008 - 2010 his not sure can't recall dates.

You said "backdated to the start of the most recent ESA claim" Dec 2017..why was he claiming from this date? Had he stopped ESA and started work or something?

NO, he has always claimed IS from around 1990 never worked and then migrated onto the ESA, around 2008-2010. He hasn't been able to work at all due to his mental condition.

How many ESA claims has he had since his IS stopped? and why did each one finish?

HE, has only has one ESA claim as far as I know since migrating and been on this benefit ever since.

Since DLA started in 2004 has he always lived at the same address?
If not, how many addresses has he had since then?

SINCE, 2004/5 he has lived in only one former address. I did provide his former address to DWP when I wrote a letter regarding his backdate claim for SDP at the same time I sent in his claim for SDP, that he was never paid. He was never paid SDP, I spotted this in his claim and that's when I got the ball rolling for him in DEC 2017.

Is there another form he should complete? woman from DWP / ESA said no if backdate is owing then it would be worked out and paid, said no other form but is she correct? since they tell you different things each time you call and speak to a different person working there.


So the only question remaining is why was SDP not applied to the IS claim and the ESA claim?

AS, far as I'm aware, CAB and advise centres had completed forms applications for him in the past. I do not know why SDP had not been applied. As far as I know, DWP say it's not 'automatic' you have to 'claim it', don't know if this is correct or how this works, they CAB and/or DWP should have seen that he had been entitled to it. He has been paid from Jan 2018 so clearly he is entitled to it and as far as I can see his circumstances were pretty much the same since 2004/5 when he was awarded middle rate care.

....if the claimant was living with parents, the DWP would check those parents and could decide that there is no entitlement to SDP and therfore not send an IS10. But it becomes less certain to be official error if the claimant has a change of circumstances and begins to live on their own, but they don't tell ESA their circumstances have changed.

HE has always lived on his own, no adults, no one over 18 since 2004/5

epitome

bill_rogers wrote: »

Hi,

I understand what you've written. The issue in my case is that when they told us (when I was with the man I was helping) that someone would call back but no one did. Even if someone had called back, I gave my phone number because I explained that the man I'm helping wouldn't be able to take calls to his disability.

He agreed that I could take calls on his behalf, but the woman at the DWP / ESA said that when someone calls they would have to take me through security...here comes the problem, how can I be taken through security if when they call I would be unlikely to be with the man I'm helping. For I'm not to know when they might call.

This is why I wrote a letter because when I am with the man I am helping, yes I can all them but when I call they know nothing... then they say someone will call back but..... get my point here?

Simple, write down the mans National Insurance Number, his date of birth, his full address, his phone number mobile and landline. You should have no trouble passing security.

So I decided to write because when you wrote you have a copy of what you wrote and the date you wrote and sent it. This is better proof than a phone call. Also if you do call the DWP whatever you do record the call and make a note of the date.

All calls to DWP are recorded, the return calls to you are not recorded, it is a good idea to write down the date and time that you call, the time when they answer the call, ask them to repeat their name, ask them the name of the office they are in i.e. it will be like Plymouth Service Centre. Ideally ask them for their staff number.

Update on this case: thus far he has been paid 2 weeks SDP, and when he received the funds, around same time he received a letter but no mention of backdate but the letter did say that ESA change because of money coming in "we have used the tax years ending 5 April 2008 and 5 April 2009 to assess your claim"

Does this mean he'll be paid backdate from 2008 ? Does anyone know.

No, it does not mean that, it means he claimed Incap Benefit in 2010. or ESA in 2010.

I've tried calling them a number of times but cannot get through when I've been at the man's home I'm helping. Very frastration for him and for me in trying to get the answers for him.

Because you never had the call back you were promised one, when you do call them insist on an escalation call back within 1 hour. They are not allowed to refuse this, if they refuse ask to make an official complaint over the phone about this person refusing your request, and ask to speak to the manager.

epitome

bill_rogers wrote: »

You said "backdated to the start of the most recent ESA claim" Dec 2017..why was he claiming from this date? Had he stopped ESA and started work or something?

HE, has only has one ESA claim as far as I know since migrating and been on this benefit ever since.

So when you wrote this:

bill_rogers wrote: »

But someone at ESA did say that claim might be backdated from when it was claimed, i.e. end Dec 2017, (only 4 weeks backdate!)

You were referring to "it being claimed" as the date they received a request for SDP from you.?

epitome

bill_rogers wrote: »

SINCE, 2004/5 he has lived in only one former address.

When did he change address?

Is there another form he should complete? woman from DWP / ESA said no if backdate is owing then it would be worked out and paid, said no other form but is she correct?

Answer the above question and I will tell you if she is correct.

AS, far as I'm aware, CAB and advise centres had completed forms applications for him in the past.

Yes but were they ever received at DWP ESA? And were they actioned by ESA DWP Decision maker? And if not were they chased up (like you are doing now for this man)? Probably not.

I do not know why SDP had not been applied. As far as I know, DWP say it's not 'automatic' you have to 'claim it', don't know if this is correct or how this works, they CAB and/or DWP should have seen that he had been entitled to it.

It is never automatic, it can be applied manually to a new claim when the claim is built without the need for a form, because all the info required is on the claim form. However, there should not be any need for the claimant, to have to go chasing the DWP for it (like you are doing). If DWP did things properly they would be chasing him to fill in the form and if he did not they would visit him in his home to do the form. So this is usually the DWPs fault.

HE has always lived on his own, no adults, no one over 18 since 2004/5

I advise you AGAIN to concentrate on getting SDP awarded on his now closed Income Support claim.
Phone Income Support and request SDP to be awarded to his Income Support claim.

bill_rogers

On my second call, yes a man from DWP said backdate claim as far as he could see on the computer system refers to DEC 2017 when I had claimed for the man I'm helping.

But the man I'm helping hasn't received any backdate pay at all let alone just 4 weeks covering DEC 2017 until he started to get paid SDP 10th Jan 2018. So I'm assuming the man at DWP didn't know, wasn't sure, he didn't sound sure since told me he was in IS dept and that I should call back, which I did but couldn't get through.

Unless they are working out his backdate SDP I'm assuming working out backdate that is not just Dec 2017 because he had been entitled to backdate for many years before. I'm thinking of writing to them today and posting letter signed for at least then will have copy of letter and proof sent it. I can't stand calling anymore and don't want to lie and say I'm the man when I'm not. Hope you understand.

bill_rogers

1. he changed address: end 2012
2.CAB, advice centres, completed applications, IS and ESA at the times / don't know about SDP, clearly not claimed maybe, not addressed, DWP did not add SDP, CAB probably didn't chase SDP, hadn't checked proper entitlement..
3.In my letter for the man I'm helping, I had asked for backdate to be from when he had been entitled to it which would include IS as I stated in letter. Still no word from ESA or IS. Disgusting lack of response from DWP, thinking of complaining about DWP to complaint address.

This is why I think they think he will not chase what he is entitled to.

Today I'm going to wrote to IS as you wrote and am aslo going to complain about DWP, and am going to wrote to ESA given that he has not heard anything whatsoever and those on the phone not providing any information and had not called back as DWP woman said someone would.

I'll send these letters off first thing tomrw, signed for, and of course will keep copies on file.

I'll keep you updated of any further activity, but I strongly suspect that the DWP are trying to shove this backdated claim under the carpet because they full well know they have been cheating him in not paying for years, since around 2004/5

Will be making the letters to ESA and IS a subject access request too.

bill_rogers

Brief update. Thought would give the DWP, ESA a call (know also, should now be also dealing with IS, but thought would write a letter as I'm in the process of doing to IS, under subject access request too: not to forget that in my letter re backdate had mentioned IS to DWP, thus this should have been past onto IS from ESA)

Anyhow, I called approx. 3pm was holding more than 20 mins no answer !!! gave up...

Also had noticed the letters he received, first one from office that sent the form for SDP to him and other letter they sent him when awarding him SDP in Jan 2018, the addresses are different. Which begs the question who do you write to, address letter/s to when needing to write, to ESA / IS / DWP... since these people, our public servants, the DWP are using different addresses...

Sensing room 101 ;-) 1984... long corridors, USSR... ;-) I still believe, still maintain that by them saving money they are getting paid more, still believe that they set out to save money and in doing so will not pay what is claimant is entitled to. They have done it to the man I'm helping, I'm sure have done it to a lot of other people, when they full well know / knew they had been entitled to certain benefits and should have applied these automatically.

When you deal / try dealing with these people, a picture begins to form in your mind that they full well know what they are up to but hope that you do not pursue claims / backdated claims so as to save money for their departments! I know it's true. They can't even answer the phone.

And the man I'm helping keeps asking me what is going on with his backdated claim. I'm saying to him that I'm doing all I can and am writing to them today again. He is telling me that they have been stealing from him for years. And is getting really upset about it.

Kmax1985

Hi guys new to the forum and struggling to start new thread hope this is ok?
Basically myself and my wife have a joint claim for IR esa, myself have been on enhanced daily living PIP since April 2014 and since then my wife has claimed C.A. for helping look after me! At the time I!!!8217;d been told I!!!8217;d possibly be eligible for severe disability premium however was told because my wife isn!!!8217;t on a qualifying benefit I couldn!!!8217;t get it!
Since then my wife has also been awarded standard rate living PIP since September 2016 and I read recently as now she get a qualifying benefit ( MR PIP ) that we!!!8217;d qualify for single rate SDP as we both qualify but only one of us is caring for the other! Would I now be entitled to this premium and if so would we have been eligible from when my wife was awarded her PIP claim? Also would we be better my wife not claiming carers which would make us eligible for couples SDP? Sorry for such a long winded post I!!!8217;d just like help thanks Kris

epitome

You don't have to pretend you are him, you already phoned with him present and he agreed to the call back to go to you. Use your own name and answer the security questions.

You are now calling with implicit consent, and asking for a 1 hour call back to be made to yourself because you did not get the call back you were promised.

You have to be prepared to wait up to an hour before your call is answered.

If you write letters I doubt you will receive any reply.

You should phone IS and ask for an SDP application to be taken for the old IS claim...They cannot refuse they must do this if you ask them to...ask to speak to a manager ask for a call back from the IS processing centre, and make sure it gets done.

Think about it...if you worked for DWP would you have any vested interest in hoping a claimant would give up in asking for a SDP to be considered? The answer is no, why would you care? It is the government's money. If anything you would want to actively help that claimant get what they are due. You need to stop all this conspiracy theory stuff and just realise the DWP employs 80,000 people, the amount of work they have to do is phenomenal they have very poor computer systems, because the government will not invest and the computer systems they do have they outsource to private companies to build and maintain. Those companies then charge the DWP per head for access to their packages, so the DWP limits the access that staff have to those packages.


I will repeat...sending letters is almost pointless. The only way to know what is going on to phone and get a call back from ESA and another from IS. With ESA you can say who you are and they owe you a call back. With IS it would be much better if he was initially with you to tell them they can talk about this with you..and the call back to come to you.


To answer your question ....will he need to fill in anohter form on the ESA application....You told me he changed address in 2012. You told me his ESA started in 2010
The answer is:
Theoretically YES another IS10 form should be completed for the ESA backdating of SDP prior to 2013. This is because the form you have thus far completed was for his current address....If you want it for the previous address you have to do a form with his previous address on it.

Or

As I said earlier, if you get IS to award SDP ...that will be for the previous address...and when it is awarded you can then set about having that rate of IS being transferred onto ESA from 2010.


Phone IS and ESA don't write.

epitome

Kmax1985 wrote: »

Hi guys new to the forum and struggling to start new thread hope this is ok?
Basically myself and my wife have a joint claim for IR esa, myself have been on enhanced daily living PIP since April 2014 and since then my wife has claimed C.A. for helping look after me! At the time I!!!8217;d been told I!!!8217;d possibly be eligible for severe disability premium however was told because my wife isn!!!8217;t on a qualifying benefit I couldn!!!8217;t get it!
Since then my wife has also been awarded standard rate living PIP since September 2016 and I read recently as now she get a qualifying benefit ( MR PIP ) that we!!!8217;d qualify for single rate SDP as we both qualify but only one of us is caring for the other! Would I now be entitled to this premium and if so would we have been eligible from when my wife was awarded her PIP claim? Also would we be better my wife not claiming carers which would make us eligible for couples SDP? Sorry for such a long winded post I!!!8217;d just like help thanks Kris

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