The SDP-TE has (at last) been increased in line with the TP & AR ruling.

Newcad

Yes, I have just been playing about with a spreadsheet and my initial thoughts about this were wrong.

It does increase the time until the TA erodes to zero, but only to the same point as if it had always been included from the start.
Of course that then does not make up for what has already been lost.

My error and I hold my hands up - I was just looking at the extended time, I should have sat down and looked at the numbers more closely - I am going to re-edit some of my previous posts here so as not to mislead anyone seing it afresh.

It does of course also make the prospect of a 5th High Court challenge more likely.

Thanks for pointing out my error.

HillStreetBlues

I agree with Yamor

I have added a bit more detail to their very helpful example

2020 UC is £1500  with £500 TP (Base rate UC £1000)
2021 UC is £1500  with £400 TP (Base rate UC £1100)
2022 UC is £1500  with £300 TP (Base rate UC £1200)
2023 UC is £1500  with £200 TP (Base rate UC £1300)
2024 UC is £1500  with £100 TP (Base rate UC £1400)
2025 UC is £1500               (Base rate UC £1500)
2026 UC is £1600               (Base rate UC £1600)

Total over period £127,200

2020 UC is £1300 with £300 TP (Base rate UC £1000)
2021 UC is £1300 with £200 TP (Base rate UC £1100)
2022 UC is £1300 with £100 TP (Base rate UC £1200)
2023 UC is £1300               (Base rate UC £1300)
2024 UC is £1600 with £200 TP  (Base rate UC £1400)
2025 UC is £1600 with £100 TP  (Base rate UC £1500)
2026 UC is £1600               (Base rate UC £1600)

Total over period £120,000

So adds up to same £7,200 difference

Newcad

So a rethink about what this lack of backdating means.

How much those who have/had a SDP-TE will have lost out by this lack of backdating is obviously going to depend on just when they first got a SDP-TE (or 'Transitional SDP Amount' as it was at first) added to their UC, how much of it is still left. or if it has already eroded to nil.

It will be interesting to see how the DWP attempt to justify there being no provision in the legislation for backpayments, and I'm sure they will be asked to try and explain.

Another thing of interest is what happened in 2019 with the imposition of the SDP Gateway, and with those who had migrated before the SDP Gateway was imposed.

Remember that that SDP Gateway had to be brough in because of the earlier TP & AR ruling at the start of all this, so can be regarded as part of the same long drawn out fight for justice over the loss of SDP and EDP.

Those before-gateway claimants did get "a lump sum arrears payment" (ie. a backpayment) when the 'Transitional SDP Amount' started.

https://www.gov.uk/government/statistics/universal-credit-and-severe-disability-premium-claims/universal-credit-and-severe-disability-premium-claims

Which might usefully be regarded/argued as setting a precedent for making backpayments now if this does go back to court again.

At this time the big welfare organisations don't seem to be shouting much about this lack of backdating and it's effects. Possibly that's because of the timing and they are currently busy analysing the Autumn Statement.

However it has been noticed and I have no doubt they will get round to it. https://www.rightsnet.org.uk/forums/viewthread/14455/P30/

I also imagine that the wheels are turning at Leigh Day.

Newcad

Apparently the DWP's reason (excuse) for the lack of backpayments is because "The Judge did not say that the Department had to make recompense."
(see the SSAC's minutes in the link below).

In other words - we are only going to do the minimum that the court ordered.

Interestingly though the draft of the new legislation did have a provision that they "may" make backpayments, the SSAC queried that as being 'discretionary and vague' - so the DWP then decided to simply remove any provision for backdating from the final legislation.

https://www.rightsnet.org.uk/forums/viewthread/14455/P30/#93155

HillStreetBlues

According to https://www.housingsystems.co.uk/News/News-Articles/id/171
This issue is being addressed.

UPDATE: We have heard that DWP have told stakeholders that existing UC claimants will not have their TSDPEs uprated from February. 

Apparently the DWP said that there is no timescale currently in place for when those on UC before 14th February will see the increase. The amending Regulations allow for this delay - presumably to allow them time to decide how best to do this. The DWP confirmed that ‘the policy intent is to provide for backdating prior to the date of the Regs coming into force’.

So looks like they will backdate it,
I think most would agree there will be a legal challenge if they don't, as legally they should have paid it from start of UC claim, so paying less would not be following the Court's decision.

8dayweek

HillStreetBlues said:

I agree with Yamor

I have added a bit more detail to their very helpful example

2020 UC is £1500  with £500 TP (Base rate UC £1000)
2021 UC is £1500  with £400 TP (Base rate UC £1100)
2022 UC is £1500  with £300 TP (Base rate UC £1200)
2023 UC is £1500  with £200 TP (Base rate UC £1300)
2024 UC is £1500  with £100 TP (Base rate UC £1400)
2025 UC is £1500               (Base rate UC £1500)
2026 UC is £1600               (Base rate UC £1600)

Total over period £127,200

2020 UC is £1300 with £300 TP (Base rate UC £1000)
2021 UC is £1300 with £200 TP (Base rate UC £1100)
2022 UC is £1300 with £100 TP (Base rate UC £1200)
2023 UC is £1300               (Base rate UC £1300)
2024 UC is £1600 with £200 TP  (Base rate UC £1400)
2025 UC is £1600 with £100 TP  (Base rate UC £1500)
2026 UC is £1600               (Base rate UC £1600)

Total over period £120,000

So adds up to same £7,200 difference

I’m not following this? Why would the TP erode year by year with no increase to the UC Award?

Surely it would be, e.g.

2020: £1500 UC with £500 TP
2021: £1600 UC with £400 TP

and so on? The TP only erodes with the UC increases?

8dayweek

8dayweek said:

HillStreetBlues said:

I agree with Yamor

I have added a bit more detail to their very helpful example

2020 UC is £1500  with £500 TP (Base rate UC £1000)
2021 UC is £1500  with £400 TP (Base rate UC £1100)
2022 UC is £1500  with £300 TP (Base rate UC £1200)
2023 UC is £1500  with £200 TP (Base rate UC £1300)
2024 UC is £1500  with £100 TP (Base rate UC £1400)
2025 UC is £1500               (Base rate UC £1500)
2026 UC is £1600               (Base rate UC £1600)

Total over period £127,200

2020 UC is £1300 with £300 TP (Base rate UC £1000)
2021 UC is £1300 with £200 TP (Base rate UC £1100)
2022 UC is £1300 with £100 TP (Base rate UC £1200)
2023 UC is £1300               (Base rate UC £1300)
2024 UC is £1600 with £200 TP  (Base rate UC £1400)
2025 UC is £1600 with £100 TP  (Base rate UC £1500)
2026 UC is £1600               (Base rate UC £1600)

Total over period £120,000

So adds up to same £7,200 difference

I’m not following this? Why would the TP erode year by year with no increase to the UC Award?

Surely it would be, e.g.

2020: £1500 UC with £500 TP
2021: £1600 UC with £400 TP

and so on? The TP only erodes with the UC increases?

Ignore me - formatting on my phone meant the base rate line wasn’t lining up!

Sorry, crack on!

HillStreetBlues

https://www.gov.uk/administrative-appeals-tribunal-decisions/fl-v-secretary-of-state-for-work-and-pensions-uc-2024-ukut-6-aac
UT decision

If I have read everything correctly, both natural & managed migration should have the same results with SDP & EDP.
That no matter which one a person has they must be treated the same. 

Newcad

That equalty in the types of migration has been the argument all along, and is what the court has ruled should be equal all along (except one judge who was later overruled).

Unfortunately the DWP failed to fully comply with the first court ruling and things ended up unecessarily long and drawn out.

HillStreetBlues

You can see why they had to rethink back payments.
Even if they had brought in a new law, if they payments weren't equal to the money illegally withheld, that law would be unlawful and Tribunals would have to ignore that new law.