Backdated UC Help

calcotti

I still think that you are likely incorrect. DWP can revise or supersede a UC award as required. The SDPTE is an element of UC. I can't see why this would need to be specifically specified. 

See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1092565/adma3.pdf

A3122 Where

1. the DM awards entitlement to a benefit and

2. the claimant (or in the case of UC a member of their family) is awarded another relevant benefit or an increase in another benefit for a period which includes the date on which the award of the first benefit took effect

the first decision can be revised.

See also

A3131 When a decision is revised but the DM decides that the date of the original decision was wrong then the revision takes effect from the date on from which the original decision would have taken effect.

However I agree that this is not clear and might not be clarified which a tribunal ruling.

Newcad

calcotti said:

I still think that you are likely incorrect. DWP can revise or supersede a UC award as required. The SDPTE is an element of UC.

That is the misunderstanding, the name.

The SDP-TE is not an 'Element' of UC at all - other than in name.

It is a Transitional Addition, and follows the rules for transitional additions and not the rules for UC elements.

DWP smoke and mirrors don't fall for it, they can call a duck a chicken, but it still goes quack.

calcotti

I can’t seem what it is called makes a difference. iIt has to be awarded correctly and if incorrectly ‘awarded’ appears to me to subject to correction.

the regulations make sure that after the first assessment period the amount may decrease if other elements increase or may cease if there is a change of circumstances. It doesn’t, in my opinion, prevent the revision of the SDPTE (based on new information) in the first assessment period itself.

Newcad

The claimant here is well past that first assessment period, and as I say there is nothing in the legislation that allows a TA/TE once calculated/added to be revised later.

Again what legislation doesn't say is often as important as what it does say.
There are clauses that allow the SDP-TE to be eroded or removed, because those things will happen.
But none to allow the original award to be changed because it was never meant to happen.
(They may even have realised it was just possible that LCW could be revised to LCWRA, or vice-versa, and backdated to before the SDP-TA/TA was calculated, but decided to just let it pass because it would be very rare).
As I noted in a previous post if you loose entitlement to DLA/PIP the SDP-TP doesn't stop (the SDP itself does in ESA), even if you loose LCW/LCWRA in UC the SDP-TE doesn't stop.
Once awarded it's awarded, and it stays in payment subject to erosion from the amount first awarded until either it's fully eroded to zero, or until a change such as becoming a couple for UC or spliiting up ends it.

It might be something that the DWP will want to look at again before Managed Migration from IR ESA starts in 2028, with many more people with SDP being migrated then such revisions and backdating to before UC, and so before the TE was calculated, might happen more often.
But remember that those Managed Migrants will get a general Transitional Element which covers the whole of their previous IR benefits, which is different from the special SDP-TA/TP which only covers the loss of SDP.

PS. Names do matter, for example:
"Permitted Work" is entirely a DWP fiction for ESA, designed and so named to make people think you need their permission.
In the legislation it's "Exempt Work" and there is nothing about needing permission to do it.
"Permitted Work" or getting permission is not mentioned in the legislation at all.
As long as you don't exceed the hours and/or wages stated in the legislation you are fine, DWP permission or not.
The only real reason to fill out a PW1 form is to let the DWP know that you will be doing work that falls within the exemption, you don't need their permission.

calcotti

Newcad said:

The claimant here is well past that first assessment period, and as I say there is nothing in the legislation that allows a TA/TE once calculated/added to be revised later.

It would be a revision of the first assessment period. We are obviously not going to agree so I will leave it that.

Newcad

Yes, we have different opinions, but after re-reading the legislation again I'm still sure that he has nothing to worry about.