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Thread: ESA entitlement to Severe disability premium question

  1. #1
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    ESA entitlement to Severe disability premium question

    hi all.

    here is a quick rundown of the situ.

    DLA entitled from my tenth birthday, some 20 years ago, @ middle care, higher mobility.
    was then phased into pip (interview and forms completed etc and this is enhanced daily and low mobility (which i dont understand but hey ho) and this first payment is due in a couple of weeks.

    i also get ESA income based, and indeed this was phased into from incapacity some years ago and i am support group, and enhanced disability. and i have just been sent a form to complete as my last tribunal "2 years, do not assess" basically time is up, and indeed this would be my third tribunal if it goes that far (which tbf i expect it too, as i have had 2 before).

    i was looking on the net for info on pip as the forms and assessments where going on and i found the info about if on higher rate for daily pip, and indeed the same rate of DLA as i was on before PIP i should have been getting the severe disablility premium from ESA.

    is this correct?

    also i understand you need to be living alone, and i was wondering for the purposes of this SDP, would i qualify. in september last year, i moved in with a friend (after living with parent), and i am single, so is this friend / landlord in effect (he has own mortgaged home and has done for years and offered me room when i fell out with parent. and i have use of a bedroom and other shared rooms such as kitchen living toom etc) he does not and will not (and nor has anyone) ever claimed carers for myself. am i still classed as living alone for the purposes of the SDP?

    and am i entitled?

    also if so, would i just get the SDP element, or is the enhanced also added in? and could this be backdated and if so how far back?

    thanks

  2. #2
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    Enhanced Disability Premium (which you are receiving) is paid to you because you are in the support group of ESA. This is totally separate from the Severe Disability Premium and you can be paid both.

    Now to your question about the SDP.

    First of all did you inform them of a change of circumstances when you moved out of your parent's house? This is the time you should have informed them of a change of circumstances and made your claim for SDP.

    You can make a claim now by ringing and asking them for the form to apply for SDP.

    Do you have a contractual agreement to pay rent to your landlord - a lodger's agreement for example?

    I cannot say for definite that you meet the criteria for SDP - I think you do but the rules are quite complex when you are sharing a house. Having an agreement to pay rent would help.

    I think you could pop to CAB and ask them to check these rules for you in the CPAG handbook for you. This then might give you an idea of the kind of evidence you need in these circumstances.

    If you are awarded the SDP then they may backdate it to when you changed addresses but they could equally argue that you did not request the form at the time. Personally I would ask for backdating to when your eligibility started and see what they say.

    Come back and let us know how you get on and good luck!

  3. #3
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    hi, thanks, yes i told them in september, and notified of change of address etc and all mail has come here. same for DLA / PIP.

    and also yes on the tenancy, we drew up a lil agreement for rent and we keep a rent book type of document, eg, it says eg APRIL 2017, for the rental month, then the date i actually transfer it to him is written (he understands my DLA / PIP / ESA situ and this can vary by a week or so), so we write down the actual date, and then we both sign it. eg to say i sent it (and can prove with bank statements) and he signs it when he checks his bank has recieved it too, this surely is enough ?

    and as i say told them in septemeber when moved, and i only heard about this SDP when looking up benefit rates when PIP went through to see the difference the move from DLA to PIP would have on me, and then looked around the net, and found this helpful resource!

    Quote Originally Posted by pmlindyloo View Post
    Enhanced Disability Premium (which you are receiving) is paid to you because you are in the support group of ESA. This is totally separate from the Severe Disability Premium and you can be paid both.

    Now to your question about the SDP.

    First of all did you inform them of a change of circumstances when you moved out of your parent's house? This is the time you should have informed them of a change of circumstances and made your claim for SDP.

    You can make a claim now by ringing and asking them for the form to apply for SDP.

    Do you have a contractual agreement to pay rent to your landlord - a lodger's agreement for example?

    I cannot say for definite that you meet the criteria for SDP - I think you do but the rules are quite complex when you are sharing a house. Having an agreement to pay rent would help.

    I think you could pop to CAB and ask them to check these rules for you in the CPAG handbook for you. This then might give you an idea of the kind of evidence you need in these circumstances.

    If you are awarded the SDP then they may backdate it to when you changed addresses but they could equally argue that you did not request the form at the time. Personally I would ask for backdating to when your eligibility started and see what they say.

    Come back and let us know how you get on and good luck!

  4. #4
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    update on this, i phoned up and asked for IS10 form to be sent, and indeed i even had a copy i found online and would have printed myself to speed up the process.

    but they told me they now do the form over the phone and i answered that way.

    they took a while getting back to me, told me it'd be 3-5 working days as its merely an add on component to existing claim, but they never and i phoned up and was apologised to and given a 24 hour call back as priority, and was told a payment of roughly 10 weeks would be due to me which is the time my PIP was instated, and is one of the conditions of eligible "qualifying other benefit" i think.

    so all is well! but i had thought that as my DLA was moved to PIP, and my circumstances on the other conditions of qualifying were the same since september, that i may have gotten it backdated from then, eg DLA was the qualifying other benefit and now its PIP, and ive recieved both, and phased into PIP.

    or do they only assess on PIP, or the most recent criteria?

    thanks

  5. #5
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    Thumbs up

    Pretty sure your DLA can be included as well, this might help
    http://www.youreable.com/forums/show...ional-premiums

    Also if you look on the net backdating sdp there are many different examples and different circumstances that may give you ideas
    But certainly worth asking.

  6. #6
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    UPDATE: phoned esa week or so ago, they gave me a call back and they are looking into it with reagrds to a further backdating, as they also believe that i should be entitled to it under DLA before my PIP. and a decision maker would look at this.

    told me to leave it till end of month and then if havent heard nothing by then to call back up.

  7. #7
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    i have phoned them and they told me that they would look at it and didnt (in the time frame they told me) so phoned back etc and the latest is, they said they sending me an IS10 form to be completed about my previous address. i recieved this yesterday but im confused. as...

    they dated backdating to my pip a couple of months ago, but i was asking for them to go back further, as i have been eligeible from september last year, when i moved.

    why do they need this, i phoned in sept and told i moved etc and the situation i mention in my first post above.. and i wouldnt have been eligeble for the SDP before sept as i lived at home with my mother.

    so what relevance does that have? as im not asking for them to consider it before september, so why do they need to know? and the form itself doesnt lend itself well to filling out for when i lived with mum, as the questions dont seem to apply, as she wasnt a landlord or anything and my mum! and they are asking also for a tenancy agreement between me and the person i live with now, aka my live in landlord. which i have and can also prove ive paid him through bank every month since sept (when i moved). im really worried as, this is big big help to me, and also i have provided teneacy agreement to local council and they seem fine with my living arrangements and are happily paying housing benefit so why are dwp disputing it! the woman on phone said that they may stop SDP. im really worried, and i cant understand why, as seems they only looked into it and asking more questions after they been paying me for around 6-8 weeks and only coz i have asked for further backdating, as i think im ok for backdating from date i moved in here, and seem to satisfy all the criteria i can find online, aka, no one claiming carers and not live with relative etc.



    also the letter is handwritten address and with a handwritten note which seems unusual for dwp, and im really worried that they will want a months worth of payment back and also £600 of backdating from pip claim, and im worried i have upset them by asking for further back to sept as i felt i am entitled to that, given i satisfy the rules, for not living with anyone claiming carers etc and not a relative!

    they also said to me on phone that they were under impression that i lived with a relative even though i did my IS10 form over the phone, and they asked and i said i wasnt and given details of that person etc.

    anyoen got any advice?

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