Severe Disability Premium - Complicated scenario

poppy12345

pmlindyloo wrote: »

I understand where you are coming from.

I think it might be a matter of timing. So, after the regs come into force, notify of change of circumstances to the DWP and get SDP awarded first and then apply for HB. As the OP would be in receipt of the SDP then they should not be migrated to UC.

Alternatively (and possibly simpler) if finances allow, move into new home, notify ESA of change of circumstances and get SDP awarded, do not claim HB, wait for new regs to pass and then apply for HB.

Possible?????

The first option isn't possible while the OP lives with their mother.



The alternative is possible, if finances allow. First, they have to succeed in renting a house privately, not always easy for those claiming benefits.

pmlindyloo

poppy12345 wrote: »

The first option isn't possible while the OP lives with their mother.

True, but can be done as soon as tenancy contract is signed. The thing , as I see it, is to get the change of circumstances reported to ESA before applying for HB.


The alternative is possible, if finances allow. First, they have to succeed in renting a house privately, not always easy for those claiming benefits.

Comments in blue (sorry, won't let me post without writing more!)

igwd

Hi pmlindlyloo and poppy, thank you both for your continued responses.

pmlindlyloo, I have specifically considered what you said I.E. Moving out and getting the SDP awarded BEFORE starting a claim for rent costs (housing benefit / local housing allowance / universal credit housing element, whatever it's called these days). However I think notifying the DWP of a change in circumstances in regard to moving address (within the same town, just a few miles) and trying to switch from my mother claiming Carer's Allowance to me claiming the Severe Disability Premium would result in me being 'naturally migrated' to Universal Credit. This would then prevent me from claiming the SDP as it doesn't exist on UC and the money I receive currently from ESA Support Group and PIP Enhanced Daily Living would be decimated by the current UC rates which are about 35% less than the sum of the two aforementioned benefits, they would be 45% less for my friend as their claims were from after April 2017 which means they would not be entitled to the additional £130 a month from Universal Credit that I would.

I know this is going a little off-topic but if Universal Credit is rolled out in its current guise it will break families all across the country, the burden on the NHS will increase further and I honestly think there will be a sharp rise in death of disabled people due to shortcomings in care needs not being met and an increase in suicide.

calcotti

Moving address will not end your ESA claim. If you mother stops claiming Carer’s Allowance it will not end your ESA claim. What will end your ESA claim is if you claim UC.

You also appear to be comparing UC with the combined benefit fro and ESA and PIP. This is incorrect. If you were to claim UC your ESA claim would end but your PIP would not be affected and would continue. You should only compare the amounts from ESA and UC.

I don’t understand your reference to an additional £130//month in your ESA compared to your friend. If you are referring to the Limited Capability for Work element this is incorrect, you would not get this yourself because you would be getting the Limited Capability for Work and Work Related Activity element (equivalent to ESA Support Group) and you cannot get both.

igwd

Thanks for your reply, what I've read seems to contradict what you've said but there's a possibility that I'm not fully comprehending what I'm reading in the following, could you have a read and let me know what you think?

________________

The Department of Work and Pensions (DWP) has recently launched guidance for Departmental staff on what changes of circumstance trigger natural migration to Universal Credit.

Universal Credit is being rolled out at present and replaces the following benefits:

Housing Benefit;
Income-based Job Seekers’ Allowance;
Income-related Employment and Support Allowance;
Income Support;
Child Tax Credits; and
Working Tax Credits.

In Universal Credit, natural migration to Universal Credit can occur when someone has a change of circumstances that means they would have to make a new claim for one of these benefits. However, as they can no longer make a fresh claim for any of the existing (legacy) benefits, they must make a claim for Universal credit instead.

poppy12345

igwd wrote: »

Thanks for your reply, what I've read seems to contradict what you've said but there's a possibility that I'm not fully comprehending what I'm reading in the following, could you have a read and let me know what you think?

________________

The Department of Work and Pensions (DWP) has recently launched guidance for Departmental staff on what changes of circumstance trigger natural migration to Universal Credit.

Universal Credit is being rolled out at present and replaces the following benefits:

Housing Benefit;
Income-based Job Seekers’ Allowance;
Income-related Employment and Support Allowance;
Income Support;
Child Tax Credits; and
Working Tax Credits.

In Universal Credit, natural migration to Universal Credit can occur when someone has a change of circumstances that means they would have to make a new claim for one of these benefits. However, as they can no longer make a fresh claim for any of the existing (legacy) benefits, they must make a claim for Universal credit instead.

It's not a contradiction from calcotti, it's you not understanding what you've read.



If you plan on moving into a new home and you claiming for help with the rent then yes you'll need to claim UC. This will then mean that your ESA will also move to UC and you won't be entitled to any SDP because it doesn't exist under UC rules.




If you move home and decide not to claim for help with housing then this won't prompt a move to UC because you're already claiming ESA. It will just be a change of address and then you'll be able to claim the SDP on top of your ESA.

calcotti

The key phrase in what you have quoted is “In Universal Credit, natural migration to Universal Credit can occur when someone has a change of circumstances that means they would have to make a new claim for one of these benefits. However, as they can no longer make a fresh claim for any of the existing (legacy) benefits, they must make a claim for Universal credit”.

If you don’t want to make a claim for one of the specified benefits then the change of circumstances is not relevant.

igwd

So basically, the way to get the SDP would be to move out but not claim any kind of support for rent / housing? If I were to do so I would be forced into naturally migrating onto Universal Credit and as a result would not receive 'Transitional Protection' provided by the government... So it seems as though in order to both receive the SDP and get housing support I am required to find out when people will be properly migrated onto UC and just before this occurs move out and claim the SDP so then when proper migration occurs, I will receive transitional protection and be able to claim housing. This seems very technical and hard to do in practice when dates around Universal Credit appear to be a mystery, hmmm...

igwd

Okay, I have just found a new piece of the puzzle.

"The government have announced that they are to introduce rules which protect some disabled people from being worse off by ensuring that they cannot transfer to UC by 'natural migration'. These people are those who are entitled to the 'severe disability premium' as part of their legacy benefit. Those who have already transferred and lost out are to receive a 'transitional payment' to compensate them. This follows a court decision (TP and AR v Secretary of State for Work and Pensions, 14 June 2018) which held that people getting that premium who transferred to UC by 'natural migration' after moving house and having to claim UC instead of housing benefit should have been protected."

Source (last paragraph): cpag.org.uk/content/ask-cpag-online-universal-credit-natural-migration

So if my friend and I move out, stump up rent for a while, fill out an IS10 to get the SDP, we will then be protected from being 'naturally migrated' onto UC and losing out when applying for help with rent / housing as we are in receipt of the SDP.

Does this seem cut and dry?

[Deleted User]

igwd wrote: »

Okay, I have just found a new piece of the puzzle.

"The government have announced that they are to introduce rules which protect some disabled people from being worse off by ensuring that they cannot transfer to UC by 'natural migration'. These people are those who are entitled to the 'severe disability premium' as part of their legacy benefit. Those who have already transferred and lost out are to receive a 'transitional payment' to compensate them. This follows a court decision (TP and AR v Secretary of State for Work and Pensions, 14 June 2018) which held that people getting that premium who transferred to UC by 'natural migration' after moving house and having to claim UC instead of housing benefit should have been protected."

Source (last paragraph): cpag.org.uk/content/ask-cpag-online-universal-credit-natural-migration

So if my friend and I move out, stump up rent for a while, fill out an IS10 to get the SDP, we will then be protected from being 'naturally migrated' onto UC and losing out when applying for help with rent / housing as we are in receipt of the SDP.

Does this seem cut and dry?

But you are not currently entitled to or getting SDP so doesn't apply,