Severe disability premium need advice

Jack2431

Hi
I have never used anything like this so sorry if i have done a thing wrong. I really need help I have been on ESA work realted with severe disability premium for around 3 years an have been on p i p for the same amount of time. Ive been struggling alot lately last year i was attacked in my sleep with a knife an febuary this year was diagnosed with ptsd an a personailty disorder. I was renting in that local authority geting housing benefit with a premium. The person who had attacked me is due to be realeased so to stop my health getting worse . I moved to the next local authority signed a tenancy then went to the local council i was struggling an a woman from the dwp said she would help me an not to worry. Due to the way i am i really wasnt good by this time i wouldnt of been able to do anything an would of just had gone straight back to my house but she helped made me a claim for universal credit saying i had to an that i couldnt get housing benefit any other way i was telling her i dont understand this an i was scared for lots of reasons like money for food so i can take medication money so i can see my family ect i got told everything will be fine. i went straight from there to job centre told them my worries an said i wouldnt lose my severve disabilty premium. I went on universal credit they paid me some money that day said last till end of October. I didnt know anything what wss going on i just wanted to escape where i was an get back home. I got home tried to check what was happening on internet an find out stuff i go back to show them my tenancy agreement an ask what im on now severe disabilty premium an she said no but il get it back but now they are asking for new sick notes medical i have to do again ive lost sdp my housing benefit premium. My rent is 430 a month the woman said i get £50 housing benefit a week an i think off what i checked online i get £75 a week now so i have use it all nearly to cover my rent. I have my p.i.p still that money is already used on mainly debts because i get constant threats from them an i cant cope with the stress an other problems that come with it.
I see everywhere no one who gets severve disabilty premium should not move to universal credit an even a court case please can anyone help in anyway thanks

poppy12345

DWP made an announcement a couple of months ago that those who are claiming SDP and had to move across to UC because of a change of circumstances and were worse off because they lost the SDP, they also said that those already claiming SDP would not have to move because of a change of circumstances. This hasn't yet been put into place. When it does then those that did lose out will be paid the money owed. The haven't made any further announcements regarding this but will go through all claims once the announcement is made. Unfortunately in the meantime there's nothing you can do.


However when you did move to UC DWP should have honoured your ESA award and place in the relevant group for UC. You should have been placed into LCWRA.

Jack2431

Thank you poppy.

Jack2431

Just to clarify I will get all my sdp payments an housing benfit premiums back but not yet no one knows?

pmlindyloo

Yes, eventually will you will get back the SDP on your ESA if it is income based. No one yet knows the timeline for this.

I am unsure why you would have been getting a SDP on your housing benefit as this is usually only paid with your ESA.

Do you mean that because you were getting PIP (daily living standard or enhanced rate) you were eligible for the one bed rate of local housing allowance instead of the shared accommodation rate?

What amount exactly are you getting on Universal Credit? Can you look at your journal and tell us how it has been broken down?

What age are you?

You can put your details into the benefit calculator on https://www.turn2us.org.uk to find out how much you should be receiving or give us the answers to my questions and we might be able to help further with both the universal credit award and the housing element to check you are getting the right amount.

Jack2431

Thanks.
Yes your right i was getting the one bed rate now its gone down to shared rate in this new area an there isnt a break down on it ive just checked they have told me i need to go get a note from my doctor an be accessed

poppy12345

DWP should have honour your ESA award and placed you into the relevant group for UC, this means that you shouldn't need any fit/sick notes from your GP. I would add a note on your UC account stating which group you were in when you were claiming ESA.

pmlindyloo

Agree with Poppy. Your ESA WRAG group should be honoured.

There is a good thread here with some legislation that you can quote for this.

https://forums.moneysavingexpert.com/discussion/5749869/moving-from-esa-to-universal-credit

As regards the one bed rate for your housing costs then you should be receiving this if you are receiving the daily living component of PIP.

You should raise both of these issues on your journal.

If you need help with this then visit CAB who can help you.

As regards your debts CAB should be able to help with this too. You can also use a free debt organisation such as Stepchange. They have an extremely good reputation and will be able to give you options about dealing with your debts.

https://www.stepchange.org/

pmlindyloo

So in your journal you should write something like this:

Please note that I am exempt from the shared accommodation rate for the housing element as I am in receipt of standard (or enhanced) living component of PIP and therefore should be eligible for the one bed rate.

http://data.parliament.uk/DepositedPapers/Files/DEP2017-0556/54_HC-Under_35_rules_v5.0_HoC.pdf

pmlindyloo

And to get your ESA WRAG element you need to say something like this:

Please note that I have been receiving ESA with WRAG component since **** (insert date) and according to the following should have this element included in my UC award.

The Universal Credit (Transitional Provisions) Regulations 2014 -

Transition from old style ESA

Regulation 19.—(1) This regulation applies where—
(a) an award of universal credit is made to a claimant who was entitled to old style ESA on
the date on which the claim for universal credit was made or treated as made (“the
relevant date”); and
(b) on or before the relevant date it had been determined that the claimant was entitled to
the work-related activity component or to the support component.
(2) Where, on or before the relevant date, it had been determined that the claimant was entitled
to the work-related activity component—
(a) regulation 27(3) of the Universal Credit Regulations (award to include LCW and
LCWRA elements) does not apply; and
(b) the claimant is to be treated as having limited capability for work for the purposes of
regulation 27(1)(a) of those Regulations and section 21(1)(a) of the Act.

Jack2431

Thank you so much you guys dont realise how much youve helped me cheers il do as you guys say an keep you all updated thanks again