Kmax1985 new thread....ESA SDP

epitome

From here:
https://forums.moneysavingexpert.com/discussion/comment/73811423#Comment_73811423



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

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

If she is paid carer's allowance to care for you, and you don't live with anyone but her....then you would be entitled to a single rate of SDP £62 per week and it will be backdated to when her PIP began Sept 2016. It should be done if it is not done then you would need to phone and request a call back from ESA processing manager to explain to you why it has not been backdated.

First of all though you have to phone ESA and request them to do an eIS10 over the phone with you. You should have a SDP decision within a week.


Is it better to continue with carer's and get single rate SDP or to stop carers and get double rate SDP...?

Answer...If she is being paid carer's at £62.70 a week it is best for her to give up carer's allowance, you will probably get away with it...i.e. the DWP can try to force the 2 of you to care for each other both of you claim carers otherwise they treat it as notional income...

I have seen it said by a DWP Decision maker(DM) that both partners can be forced to claim carers or be subject to notional income...I don't see how that DM could possibly be correct, they both have PIP for a reason and so may not be capable of caring for each other. It is worrying that some people in DWP think like this.... but who knows, maybe it is actually DWP policy and there is a way the DWP can do it that I am unaware of.


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Alice_Holt

One consideration in favour of the couple's rate of SDP is that the DWP may try to argue (on reassessment of your wife's DL PIP) that an award of PIP is incompatible with her providing 35 hrs of weekly care for you.
The DWP shouldn't really (IMO) employ this argument as care can take many forms, but at my local CAB we have seen this put forward as additional justification for refusing a PIP renewal.

bigbill

epitome wrote: »

Is it better to continue with carer's and get single rate SDP or to stop carers and get double rate SDP...?

Answer...It is better to continue with Carer's and get single rate SDP...because you are also getting £62.70 Carer's Allowance.

Disagree with this, sorry.

If she stops her carers allowance you will lose the carer premium after 8 weeks worth £34 weekly, but you will gain £62 weekly right away so an extra SDP giving you two SDP's in you ESA award, so I would encourage her to give up her carers allowance ASAP.

epitome

bigbill wrote: »

Disagree with this, sorry.

If she stops her carers allowance you will lose the carer premium after 8 weeks worth £34 weekly, but you will gain £62 weekly right away so an extra SDP giving you two SDP's in you ESA award, so I would encourage her to give up her carers allowance ASAP.

Yeah you're right. I must have been having a dull moment.

I'll edit my post above.

Kmax1985

Hi guys thanks for the advice! Just came off phone to esa, lady done form over the phone and told me at the moment we’d be eligible for single rate SDP whilst wife is on carers, also advises it will be back dated to sept 2016 when wife’s pip was awarded! My wife is still sceptical so will only cancel carers once we have money from single SDP! Thanks again for your help just wish DWP would tell you when you’re entitled to your premiums

poppy12345

Kmax1985 wrote: »

Hi guys thanks for the advice! Just came off phone to esa, lady done form over the phone and told me at the moment we’d be eligible for single rate SDP whilst wife is on carers, also advises it will be back dated to sept 2016 when wife’s pip was awarded! My wife is still sceptical so will only cancel carers once we have money from single SDP! Thanks again for your help just wish DWP would tell you when you’re entitled to your premiums

The reason they don't tell people about the SDP is because of the criteria. Not everyone is entitled to this premium.

epitome

poppy12345 wrote: »

The reason they don't tell people about the SDP is because of the criteria. Not everyone is entitled to this premium.

They don't specifically tell you about different types of premiums as that info is on the internet on gov.uk. They don't tell you that you are entitled because no decision has been done, if a decision is done then they tell you. They should tell you that you "may" be entitled and "please return this form to see if you are entitled.".

When his wife was awarded PIP -a change of circumstances- ASSUMING the ESA claimant phoned ESA to inform them his wife was now getting PIP as the ESA claimant is required to do, reporting change of circumstances..... the DWP had a duty to investigate if SDP was payable.

If the claimant did not inform ESA of the change, but ESA found out by other means that wife had PIP, then the DWP had a duty to investigate if SDP was entitled.

If ESA never found out that wife had PIP the DWP(ESA) had no duty to to investigate entitlement.

The reason the DWP do not investigate it -usually- is because DWP management do not consider it a priority, they prefer to turn a blind eye to all the error that is going on as long as the claim is otherwise ok, if the claimant notices then it gets done...if not then it doesn't.

Kmax1985

Hi guys just been onto phone to esa! Managed to speak to a manager who had informed me that SDP was entitled at the start glen rate going back to 30/9/2016 and that it will be sorted within a week!
Also advised that I have an underlying entitlement to carers that I didn!!!8217;t know about and that I!!!8217;ll get a carers premium on top also which is backdated to October 30th 2017!
Thanks so much for all your advice and help this is going to make such a difference thanks again everyone

Painfullpete1

Can anyone help me discover if I'm entitled to sdp or not please I just signed up to see if anyone can help me with this

poppy12345

Painfullpete1 wrote: »

Can anyone help me discover if I'm entitled to sdp or not please I just signed up to see if anyone can help me with this

Based on the info you gave here https://forums.moneysavingexpert.com/discussion/5796897

Then the answer is no because your mum must also be recieving a qualifying benefit too. As she recieves low rate care DLA then this doesn't qualify her.