Sdp

ilovechristmas1

i new here and does anybody know

im waiting to here when my ESA medical is for,currently in suppot group and have been for approx 4yrs,Just seen that the goverment has halted the move from those currently getting SDP for change of circumstances as i understand,sorry wont allow me to link as im a newbie

if you fail the medical does that still mean you have to apply for UC and stay on that even if you go for a MR then appeal if all that fails and even if you win

little confused by this

many thanks

poppy12345

ilovechristmas1 wrote: »

i new here and does anybody know

im waiting to here when my ESA medical is for,currently in suppot group and have been for approx 4yrs,Just seen that the goverment has halted the move from those currently getting SDP for change of circumstances as i understand,sorry wont allow me to link as im a newbie

if you fail the medical does that still mean you have to apply for UC and stay on that even if you go for a MR then appeal if all that fails and even if you win

little confused by this

many thanks

Here's the legislation for those claiming SDP.
http://www.legislation.gov.uk/uksi/2019/10/made


Taken from the link above.
4A. No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—

(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium;

calcotti

But it goes on to say
"and
(b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”


In the case where ESA is stopped I am not clear therefore that this would exclude a UC claim. Of course if claimant is getting Housing Benefit that would also include SDP and that would be enough to exclude a UC claim.

ilovechristmas1

i dont claim housing benefit as i own my own home

so in the csse of them rejecting my medical what would i claim?

thanks

tomtom256

In theory it would be UC as you would have no entitlement to SDP, however if you could afford to wait until after the MR and an appeal has been lodged you could go back on ESA at the assessment phase until the appeal is heard.

ilovechristmas1

so then if i won the MR/.Appeal i would have to miss getting the SDP as its not avaliable on UC even though eventually my claim was seen in my favour

many thanks

tomtom256

Potentially, but there is a lot kicking off about the removal of SDP so I wouldn't be surprised if say in 6 months that it becomes a payment available within UC.

calcotti

tomtom256 wrote: »

Potentially, but there is a lot kicking off about the removal of SDP so I wouldn't be surprised if say in 6 months that it becomes a payment available within UC.

Ever the optimist!

ilovechristmas1

many thanks

bigbill

tomtom256 wrote: »

In theory it would be UC as you would have no entitlement to SDP, however if you could afford to wait until after the MR and an appeal has been lodged you could go back on ESA at the assessment phase until the appeal is heard.

That would be Assessment rate plus SDP?

tomtom256

bigbill wrote: »

That would be Assessment rate plus SDP?

Not that I am aware of, but I could be wrong as its not something that came up on old transition claims when someone failed a WCA.