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Thread: SDP backpayment?

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    SDP backpayment?

    Hi everybody, I am posting on behalf of a friend, Jen. (no computer at the moment) She gets ESA and PIP. In 2011 she had DLA which then changed to PIP fairly recently. She has always had higher rate care component., for DLA and PIP. She recently realised through conversation that this entitled her to SDP., on her ESA claim. As she had never received this she contacted the dwp, they agreed, and she got about a years worth of backpayments. Later she realised she was entitled to the SDP payment from 2011. So she should have got 6 years worth of backpayments. She contacted them again but they claim that in 2012 they sent her a form to apply for SDP. She never ever got this form - had she done, then she would have known all about it and obviously claimed. The dwp claim that Jen didnt send back the form that they sent in 2012 (which never arrived) and as a consequence she cannot be paid SDP from 2011. Surely this cannot be correct? She's very upset. So I would welcome any advice to report back to her. Thanks in anticipation.

  2. #2
    Senior Member nukecad's Avatar
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    http://www.youreable.com/forums/show...plaint-address
    Copy and paste on this phone is crap, thats a link to the email complaint addresses.

    That's a big pile of .....

    If she was entitled to it then they have to backpay it.

    I'm guessing that they have backpaid to the start of PIP, but forgotten about the DLA.

    Tell her to send an email to her regional complaints team. See that link above. Once her computer is working of course.

    It is a known problem and they are paying thousands in backpay.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


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    Thank you so very much, nukecad, for taking the time to put up a very helpful reply, I shall print it off to show Jen. Yes, thats right, they have backpaid Jen to the start of PIP. But as for the DLA period they claim they sent her a form during then, to claim SDP which she never received...and are saying that's why she cant have it...I can do the complaint on my computer for her and show her. Thanks again,that was very kind.

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    Senior Member nukecad's Avatar
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    You don't have to claim SDP, it should be added to your Income Related benefit automatically if you qualify.

    She would have have to have been getting Income Related ESA to get the SDP added.

    They may send an IS10 form to check your entitlement, and if they do will only pay SDP after you have filled this in and sent it back; BUT there is no time limit for backdating of the SDP.
    You can send the form in at any time and claim backpay for the whole time that you qualified.
    Your friend did this and they backpaid, but from the sound of it they did not backpay for the full entitlement, just for the time she was on PIP.


    The problem that has 'come to light' (oddly everyone except the DWP knew about it) is that when people were migrated from Incapacity Benefit to ESA they were just given Contribution Based ESA and the DWP never checked if they also had an entitlement to Income Related ESA.
    As they 'forgot' to check for IR entitlement this meant that they did not pay the SDP either.
    http://www.bbc.co.uk/news/uk-42012116

    Your friends situation is slightly different in that she now has the SDP, but it seems that they did not backpay correctly.

    They are supposed to have set up a team to look at this underpayment problem and contact those affected.

    But I would fire off the email anyway, saying that she believes she was not given the correct backpayment.
    Give the dates on which she started claiming each benefit (ESA, DLA, PIP) and the date to when the SDP was backpaid.
    If she doesn't then they may just look at her records and see that she now has SDP, so they might not bother checking back.
    Last edited by nukecad; 12-08-2017 at 12:38 AM.
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    Thanks so much, Nukecad, Jen would like to pass on grateful thanks. You offer a very interesting insight which the average man on the street would never get to know, so thanks for that. I have starting compiling what we will send off for her. Ah, the email addresses for complaints, I take it it should all be in lower case? Thanks.

  6. #6
    Senior Member nukecad's Avatar
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    Quote Originally Posted by nobby71nibletts View Post
    the email addresses for complaints, I take it it should all be in lower case? Thanks.
    No they should be whatever case that they are in that linked thread above.

    I've just double checked one I got back from the North West complaints team and the 'return path' in the header is uppercase.
    From: DWP North West Complaints Resolution Team
    <NORTHWEST.COMPLAINTSRESOLUTIONTEAM1@DWP.GSI.GOV.U K>
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    Ah, I see, and thanks very much!

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    Here's some info courtesy of B&W that applies to these cases in general, seems the DWP are trying to limit the backdating to 2014!

    https://www.benefitsandwork.co.uk/fo...d=10&id=119885


    https://www.rightsnet.org.uk/forums/viewthread/5928/
    Last edited by Jard; 12-11-2017 at 05:35 PM.

  9. #9
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Jard View Post
    .. seems the DWP are trying to limit the backdating to 2014!
    Did you expect anything less?

    Shades of - "If we bung them a couple of grand to keep them happy then we might get away with it".

    They are trying to redefine the law to suit themselves again, the courts don't like it when they try to do that.
    But it takes the courts time to slap them back down, by then there will be another scandal and they hope everyone will have forgotten this one.

    They are trying to say that it was an error in the legislation and not in their procedures.
    If that were the case then no backpayment would be due at all; not limited backpayment to 2014.
    They have already paid some people back to 2008/2009 thus admitting it was their error.
    Last edited by nukecad; 12-11-2017 at 06:36 PM.
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  10. #10
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    Shades of Pandora maybe - yes it does look like they didn't understand what they were doing, they've opened the box and now can't get the lid back on.

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