One of those didn’t receive SDP

dervallass

My Brother has struggled financially for some time, he’s fairly private so didn’t want to ask his benefit amounts. Finally got him to open up and turned out he’s one of those who was never put into Severe Disablement premium with his ESA. Long story short I helped him apply, he’s been awarded the SDP and backdated for 2 years. He should have had it for  last 5 yrs, but they say he was sent a form in Dec 2018, to claim, but never returned it. He says definitely never received as would have sent back. Does anyone have experience of how far back they have to repay? Is it worth appealing? 
Thanks 🙏 

calcotti

If you are referring to adding SDP Goan income based ESA claim I believe they should backdate it back to when he first became eligible. Request a Mandatory Reconsideration of the decision not to backdate more than 2 years. I don’t think not returning a previous form he was sent would affect this.

dervallass said:... turned out he’s one of those who was never put into Severe Disablement premium with his ESA. 

However I wonder, from your wording, if you are actually referring to those who were not assessed for income based ESA when transferred from Incapacity Benefit to ESA. That situation is different and in that case if he failed to return a form that was sent to him DWP may be justified in only backdating to that date. Nonetheless it will no harm to request an MR and you will have to say there is no record of having received the form ESA say they sent and brother should be put in the same position as if the original official error had not occurred. 

Was the form you had to complete an ESA3 which is a full financial questionnaire or an IS10 which simply asks for confirmation of living arrangements and that no one receives Care’s Allowance or carer element of UC for looking after him.?