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ilovechristmas1
ilovechristmas1 Posts: 85 Forumite
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in Benefits & tax credits
i new here and does anybody know

im waiting to here when my ESA medical is for,currently in suppot group and have been for approx 4yrs,Just seen that the goverment has halted the move from those currently getting SDP for change of circumstances as i understand,sorry wont allow me to link as im a newbie

if you fail the medical does that still mean you have to apply for UC and stay on that even if you go for a MR then appeal if all that fails and even if you win

little confused by this

many thanks
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  • poppy12345
    poppy12345 Posts: 18,024 Forumite
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    ilovechristmas1 wrote: »
    i new here and does anybody know

    im waiting to here when my ESA medical is for,currently in suppot group and have been for approx 4yrs,Just seen that the goverment has halted the move from those currently getting SDP for change of circumstances as i understand,sorry wont allow me to link as im a newbie

    if you fail the medical does that still mean you have to apply for UC and stay on that even if you go for a MR then appeal if all that fails and even if you win

    little confused by this

    many thanks
    Here's the legislation for those claiming SDP.
    http://www.legislation.gov.uk/uksi/2019/10/made


    Taken from the link above.
    4A. 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;
  • calcotti
    calcotti Posts: 15,696 Forumite
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    But it goes on to say
    "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.”


    In the case where ESA is stopped I am not clear therefore that this would exclude a UC claim. Of course if claimant is getting Housing Benefit that would also include SDP and that would be enough to exclude a UC claim.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • ilovechristmas1
    ilovechristmas1 Posts: 85 Forumite
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    i dont claim housing benefit as i own my own home

    so in the csse of them rejecting my medical what would i claim?

    thanks
  • tomtom256
    tomtom256 Posts: 2,219 Forumite
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    In theory it would be UC as you would have no entitlement to SDP, however if you could afford to wait until after the MR and an appeal has been lodged you could go back on ESA at the assessment phase until the appeal is heard.
  • ilovechristmas1
    ilovechristmas1 Posts: 85 Forumite
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    so then if i won the MR/.Appeal i would have to miss getting the SDP as its not avaliable on UC even though eventually my claim was seen in my favour

    many thanks
  • tomtom256
    tomtom256 Posts: 2,219 Forumite
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    Potentially, but there is a lot kicking off about the removal of SDP so I wouldn't be surprised if say in 6 months that it becomes a payment available within UC.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    tomtom256 wrote: »
    Potentially, but there is a lot kicking off about the removal of SDP so I wouldn't be surprised if say in 6 months that it becomes a payment available within UC.

    Ever the optimist!
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • ilovechristmas1
    ilovechristmas1 Posts: 85 Forumite
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    many thanks
  • bigbill
    bigbill Posts: 928 Forumite
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    tomtom256 wrote: »
    In theory it would be UC as you would have no entitlement to SDP, however if you could afford to wait until after the MR and an appeal has been lodged you could go back on ESA at the assessment phase until the appeal is heard.

    That would be Assessment rate plus SDP?
  • tomtom256
    tomtom256 Posts: 2,219 Forumite
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    bigbill wrote: »
    That would be Assessment rate plus SDP?


    Not that I am aware of, but I could be wrong as its not something that came up on old transition claims when someone failed a WCA.
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