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Thread: Please help confused sdp

  1. #1
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    Please help confused sdp

    Hi I have been in receipt of Esa income related since April 2009 I then was awarded dla mid care low mobility in 2009 in 2011 that award changed to hrc and hrm at the time I was told any premiums will automatically added to my benefit this is also stated on the gov website, 2 years ago after not receiving this premium I called and was sent a is10 twice these were sent back and after chasing up I was told if I was entitled I would be notified, I was not, after speaking to benefit office today I was told I a entitled to it and should of been receiving it as my circumstances have not changed since the beginning of my claim I guess my question is what's the rule with backdating?? I'm being sent a is10 again but the very nice lady told me to take it to job centre to be scanned over she said it seems like a glitch

  2. #2
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    If you are entitled to the premiums then they should be backdated to when the entitlement began.

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    Hi I have been on esa IR since 2009 I was awarded Hrc hrm in 2011 I was told any premiums I was entitled would automatically be added I live alone and have no one claiming careers allowance, they have sent a IS10 form today but I'm guessing backdating isn't possible?? Even though it states on the gov website that premiums are automatically added to benefit, my circumstances have not changed and surely they can see on their system that I'm single I live alone and that no one claims for me???

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    The lady I the phone said looks like I have been entitled since my hrc started in 2011 surely they can't backdate that far they are going to try everything to blame me for the mistake??

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    Regulations etc

    I'm trying to put a letter together and was hoping someone may beable to help me with regulations I could mention in my letter regarding backdating of sdp

  6. #6
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    Severe disability premium

    I don't know how to get noticed and people to talk to me and help please can someone help me regarding the rules of backdating of sdp

  7. #7
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    I posted this earlier from my phone but am not sure if it went for approval or just got lost?

    ...surely they can't backdate that far...
    Yes they can, and have to, backdate that far if they have underpaid what you were entitled to on an existing claim.
    Lets face it, if they had overpaid you they would be asking you to pay it back.

    There is no time limit on reclaiming overpayment or underpayment on existing benefit claims.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for the facts

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    Ok sorry ???? Does anyone know where I can find regulations etc as I'm trying to put a letter together for backdating

  9. #9
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    Quote Originally Posted by Confusedgirl View Post
    Ok sorry ???? Does anyone know where I can find regulations etc as I'm trying to put a letter together for backdating
    You don't need to quote the Law at them and you shouldn't - they understand it far better than you, what you must do is stick to the facts. Not only may you have an entitlement to the Benefit (SDP) but if so there's the possibility of an extremely large back payment due, all the the way back to when you first received your DLA Mid Care Award.

    Here's what you need to do:
    1)
    On the form IS10 - State the exact date you were first awarded DLA (2009)

    2)
    Then, write a short letter beginning with your name, address etc and adding your NI number and subject (SDP), explaining clearly this is your third attempt at claiming the Benefit giving the dates if you can. Keep it all as short and to the point as you can and send it it together with the IS10 ASAP, though not before you make copies of both, everything you send them must be copied and kept.

    Do this and please keep us informed how it goes, I also think you would be wise to speak to a qualified adviser about this, someone like your local CAB or AGE UK etc
    Last edited by Jard; 05-24-2016 at 12:17 AM.

  10. #10
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    Hi thanks for response, it seems very cloudy when it comes to backdating rules the lady at the contact centre today was really nice and she said it will be backdated and she said from when your HC started s d she used the word glitch and that it should of automatically been added, also the turn2us team have told me to ask for it to be backdated,because I was in receipt of esa before my dla award it should be back dated to the beginning of my dla award, I just can't seem then backdating it that far in my letter I have stated that this premium would of and will give me a better quality of life

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