Severe disability premium and universal credit

joanw2od

I feel super annoying as I’ve used this forum so much this past few days but you guys have been so helpful and I’m getting nowhere with the DWP.

I currently claim income based ESA in the support group. I’m moving in with my partner this week who works 30 hours a week so this will void my eligibility for IB ESA.

I got some amazing advice on here that told me I would be eligible for a couples joint claim of Universal credit. I also used a benefits calculator and the results were accurate.

Yesterday when my partner and I decided to put a claim in for UC (ESA has suspended my payments until UC is accepted they have said) I was told by the online form that I couldn’t claim UC if I was RECEIVING the severe disability premium with my ESA.

A quick google and I found that I never got the SDP in the first place. However, the more I’ve looked into it the more I realise that I was indeed eligible for the SDP. Yes, I’m living with both my parents but both parents claim enhanced rate PIP for the daily living component. Both parents work but this is something they also receive and have done for years. Apparently this would mean I was entitled to the SDP, but I’ve never gotten it and certainly don’t intend to mention it now to the DWP incase our UC claim is rejected.

We’re going to apply properly tomorrow for UC but now I’m concerned this claim will be rejected because I was, indeed, eligible for SDP - I just never claimed it as I didn’t know it was a thing.
When we started our UC application, it asked me again if I claimed the severe disability premium, to which I truthfully answered no - because I’ve never claimed it, and this time the website let us go ahead and continue with the application but we didn’t bother going any further because Friday is our official move in day in which I’ll be changing over my address to living with my boyfriend and registering on his electoral roll and such.

Will eligibility for SDP stop me from making a UC claim with my partner? I have never ever received the SDP amount in all the years I’ve claimed ESA so it’ll be a kick in the teeth if I now get stopped from making a joint UC claim because they’ve realised I was always eligible for the SDP.

I don’t know where to go from here and I can’t find anything about this on the internet. All I’ve found about UC and the SSP is that people claiming ESA that get the severe disability premium ‘won’t be made to change over to universal credit and if they are eligible for SDP they won’t be able to claim UC’
This is all well and good - but I cannot claim Income based ESA anymore due to the fact I’m moving in with my partner who works.
So what is going to happen? Will I just be left with no money? Or are they likely to only reject my UC application if I physically claimed the SDP in the past? Because I definitely never have. Eligible or not, I’ve never claimed that premium.
I saw on the government website that the SDP is usually added automatically to a claim. It never has been added to any of my claims so I figure they just haven’t realised that my parents live with me and also claim PIP. My dad is severely epileptic but still works full time, and my mum is his Carer but also claims PIP for her own issues as she’s got problems with her mobility. I think she only claims the standard daily living component but I’m not sure. My dad claims the enhanced complement the same as me.

I’m stuck between a rock and a hard place. I was advised on this forum by a wonderful user that I have to keep my ESA claim open in order for my partner and I to receive an additional component to our UC claim. If I close down my ESA claim we won’t be eligible for that additional money.

I’m getting nowhere with the job centre or ESA helpline. They just tell me to go online to find more information about UC. But nobody can tell me what is going to happen now I’m moving in with my partner and also eligible for the SDP on ESA; WHICH IVE NEVER CLAIMED. I did see something about a change in rules from January 2019 about ESA IB claimants who recieve/are entitled to the SDP ‘not having to move from ESA even if their circumstances change’ but I don’t believe for one moment that the DWP will let me keep my IB ESA whilst living with a partner who works 30 hours a week, so I’m pretty sure that statement isn’t relevant to me at all.
I saw that people on ESA are still entitled to legacy benefits - that gave me a laugh because my partner and I are entitled to NO legacy benefits at all, despite the fact he only earns about £900-50 a month. I’ve done the calculations numerous times using benefit calculators and the same result has turned up - we aren’t eligible to no legacy benefits at all but eligible for UC. Only issue is, I’m likely not allowed to claim UC. We would literally be living off of his £900 a month and my £350 in PIP if UC won’t let us make a claim. It is not doable and would prevent us living together.

As I said above, im assuming that the fact I was eligible to the SDP has clearly slipped by the DWP without them noticing and the truth is, I don’t intend to mention it to them because I’m worried it’ll ruin my joint universal credit claim. But at the same time I’m worried that my partner and I started a UC claim will rock the boat and the DWP will realise I was always eligible to the SDP. Yes, I’m aware this would mean a large backpayment for myself but I don’t care about the backpayment - I just want mine and my partners joint claim to be underway so we can move on with our lives.
On all the letters I’ve received about my ESA, none of it has ever been made up of any severe disability premium. There’s never been any mention of the SDP on any of my documents. I’ve been reading throughout them all tonight in an utter confused panic.
I need to keep my ESA claim open to get the additional WRA component added to our UC. ESA has told me they will suspend my payments tomorrow when I move in with my partner. Sorry for repeating myself I’m just so confused. I’m severely disabled and none of this is made easy. I’ve found myself very worried and upset tonight, unable to sleep.
I was told the reason people entitled to the SDP can’t claim UC is because it protects them from losing money. I never got the additional money in the first place AND it won’t be protecting me at all. It will be leaving me with literally no money because I can’t claim ESA income based anymore whilst living with my partner and I also can’t start a universal credit claim because I’m ‘entitled to SDP’ How does that work? My partner is at breaking point financially as it is and is not eligible to tax credits or anything of the sort so when I move in we won’t be able to afford to eat or pay the bills with regards to this new system where people entitled to SDP can’t apply for universal credit.
Any advice would be good

huckster

UC won't check whether you had any entitlement to SDP. So your UC claim, provided that all the other information is OK, should go through without any issues. This is provided that you complete the to-do tasks that will be shown on the UC claim, once you have registered it.

Can I suggest that you use an online benefits calculator such as Entitledto or Turn2us. Enter all of your information as a couple, which will include your partners employment earnings information and see how much UC you are likely to receive. Remember that as you are in the ESA support group, that you will be entitled to the Limited Capability for work and work related activity element of UC. So see if the calculator includes the extra amount which is about £330 a month.

poppy12345

SDP isn't automatically paid because of the criteria. However the legislation states this...



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; 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.”


It doesn't say you have to be claiming it, it just says entitled to it. As you were entitled to it then there could be a problem if DWP realise you were entitled. I'm sure others will comment when they see this.


Link for legislation is here.
http://www.legislation.gov.uk/uksi/2019/10/made


Edit..posted before i seen hucksters reply as was typing when they posted.

K80_Black

I didn't have time to read the entire post but would urge you to phone ESA and ask for the SDP to be back paid. They'll send you a simple form to fill in, it's an easy process. It is likely to take a few months, but it's a considerable amount of money you're owed and there's no reason not to claim it.

poppy12345

K80_Black wrote: »

I didn't have time to read the entire post but would urge you to phone ESA and ask for the SDP to be back paid. They'll send you a simple form to fill in, it's an easy process. It is likely to take a few months, but it's a considerable amount of money you're owed and there's no reason not to claim it.

Completely agree. Depending on how long they should have been claiming it, they could be owed thousands. SDP a year is approximately £3,380. Any backdated money owed is also disregarded for 12 months for means tested benefits.

joanw2od

Thanks for your replies you’re all amazing as always.

I don’t want to claim the backpayment because if I do, my partner and I will be left with no money for months until we can claim UC. So I’d rather not draw the DWPs attention to it. I’m aware I am eligible and it’d be a large backpayment but it’s not worth my household struggling for 3/4/5 months to make ends meet whilst we wait for the backpayment of SDP to arrive and we await applying for UC.
Of course if the DWP inform me I was always eligible for it and won’t accept my UC claim then I’ll ask for the backpayments returned but I’m hoping for them not to notice at all.

To claim UC with the SDP element of ESA SG I’d have to end my ESA claim. This would mean that a month later I could apply for UC but we wouldn’t get the WRA component added to our UC without me having another assessment and waiting 3 months.

I just need to stress here, without what we can claim with UC (after doing the online calculators) we will literally have no money at all to even eat properly unless I went out and got a job, which isn’t possible right now.

Our estimated UC payment every month would be £700 due to my disability status. Without my disability status this would drop to about £80 a month and we are entitled to no legacy benefits at all.

calcotti

Even if you had been getting the SDP as soon as you move in with your partner you would no longer be entitled to it so would be able to claim UC (assuming that your partner does not receive a relevant disability benefit). To be excluded from UC you have to fulfil both paragraphs of the text quoted by poppy, even if deemed to meet paragraph a) you would not meet paragraph b) once living with your boyfriend.

The SDP has not passed the DWP by, it is something you have to request. Even though your ESA claim will be closed I would recommend contacting them to ask if they would review your past entitlement because you maybe able to get an arrears payment.

As previously advised I believe your best timing is to claim UC on the day you move in together.

poppy12345

joanw2od wrote: »

I don’t want to claim the backpayment because if I do, my partner and I will be left with no money for months until we can claim UC. So I’d rather not draw the DWPs attention to it.

Why would you deprive yourself of all that backdated money? Why do you think it will be months before you can claim UC?


I don't understand why you've started a claim for UC when you haven't moved in with your partner yet. You shouldn't claim until you're living together as previously advised.

joanw2od

Sorry for the confusion I’m so rambled right now. We haven’t ‘started’ a UC claim yet. All I did was put our post code into the application form and answer the brief info it asked about, such as if I claim the SDP. I didn’t go any further than this, because our move in day is tomorrow. I was mainly just checking we were in a UC area when I did this.

I’ve seen that anyone who was entitled to the SDP ‘within a month of claiming UC’ cannot apply for it. So we’d be at least 1 month - 6 weeks without any further income at all. Then I’d have to have another work capability assessment, because my SG status from ESA would’ve ended with the claim - apparently this takes 3 months.
I could have things wrong. I’m very new to this stuff and also very worried. I barely slept a wink last night.

The reason I’m worried to ask for the money back is because I don’t want them to stop me claiming a joint UC claim.

My payments for ESA are being ‘suspended’ on the day I move in with my partner, tomorrow, whilst I make a claim for UC (their own words) Does this mean I’ll still not meet the requirement for the SDP because my partner isn’t disabled and claims no disability related benefits.

calcotti

As soon as you move you no longer meet the requirements for SDP. Make the UC claim, your partner must do so to. In a few weeks I suggest contacting ESA and asking them to review SDP entitlement for your (past) ESA claim.

poppy12345

joanw2od wrote: »

My payments for ESA are being ‘suspended’ on the day I move in with my partner, tomorrow, whilst I make a claim for UC (their own words) Does this mean I’ll still not meet the requirement for the SDP because my partner isn’t disabled and claims no disability related benefits.

You meet the requirements now so put a claim in for the SDP today by ringing ESA and asking to fill out the the IS10 form over the phone.



Take note of what calcotti has advised above and what i quoted in my reply above. As soon as you move in with your partner you won't be entitled to claim the SDP because your partner doesn't receive a qualifying benefit, so you will be able to claim UC. The "entitled to it within the last month" won't apply to you when you move in with your partner.