Sdp

calcotti

bigbill wrote: »

That would be Assessment rate plus SDP?

The SDP should be included but I think the DWP often fail to pay it in this situation.

poppy12345

bigbill wrote: »

That would be Assessment rate plus SDP?

Yes, SDP is payable on assessment rate of ESA.

WillowCat

At the point you failed the assessment (if indeed you do) you would immediately claim JSA and that would also carry the SDP premium. If your MR fails you can then reclaim ESA at the assessment rate, again with SDP.

calcotti

WillowCat wrote: »

At the point you failed the assessment (if indeed you do) you would immediately claim JSA and that would also carry the SDP premium. If your MR fails you can then reclaim ESA at the assessment rate, again with SDP.

Thinking it through again and looking at the legislation quoted by poppy and myself earlier I now think you’re spot on.

ESA claim is refused. If claimant continues to live alone in receipt of DLA/PIP with no one claiming Carer’s Allowance then claimant has continued to satisfy the conditions for SDP so, provided they do it within one month, can claim legacy JSA (which as you say will itself include SDP). Can then revert to ESA when appeal lodged if MR not successful. Claimant is kept out of the UC system.

Apologies for muddying the water earlier.

ilovechristmas1

but i thought JSA wasnt avaliable and was UC now

calcotti

ilovechristmas1 wrote: »

but i thought JSA wasnt avaliable and was UC now

That is generally true but the legislation laid before parliament last week and coming into effect yesterday, as referenced by poppy in post 2, says that people with SDP are not permitted to claim UC and must remain in the legacy benefits system.

ilovechristmas1

ah ok, well that sounds much better i think,

so basically if the medical fails you apply for JSA put in a MR, if that fails you appeal and go back onto ESA assessment rate till the appeal , as of this week the goverment has stopped a change of circumstances migration for those on ESA?

poppy12345

ilovechristmas1 wrote: »

as of this week the goverment has stopped a change of circumstances migration for those on ESA?

No, that's not correct for those claiming just ESA. Did you read the link i posted in post #2? I'm assuming you didn't.



The legislation only applies to those claiming SDP and this can be claimed in with JSA/ESA Income related and Income Support, providing the other criteria apply. If you don't claim SDP then you'll transfer to UC if you have a change of circumstances.

ilovechristmas1

poppy12345 wrote: »

No, that's not correct for those claiming just ESA. Did you read the link i posted in post #2? I'm assuming you didn't.



The legislation only applies to those claiming SDP and this can be claimed in with JSA/ESA Income related and Income Support, providing the other criteria apply. If you don't claim SDP then you'll transfer to UC if you have a change of circumstances.

sorry i did read it but im not great at the interpritations

well im in the support group for the last 4yrs and live with my young dependant son and claim SDP esa £191 a week,so from the help on here im thinking that if i get turned down on the medical i go on JSA till MR as said up thread

many thanks