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Thread: SDP - interesting!

  1. #11
    Senior Member flowerangelx's Avatar
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    I am a non dependent who lives with my mum and we have made that very clear to them and I am still eligible apparently.

    It really isn't clear on the website at all..

  2. #12
    Senior Member flowerangelx's Avatar
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    I am physically shaking...

    I had to get my MP involved as DWP were dragging their feet.

    It had been confirmed that I'm getting back pay of £62 a week totalling 104 weeks. I dropped my phoned when I was told!!!! Good job it had a case on it, lol.

    My back pay totals £6448.10p and will be in my account by the 23rd March.

    I think I'm going to be sick now.

  3. #13
    Senior Member nukecad's Avatar
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    Well at least you'll be able to afford some sick-bags.

    Glad to hear you finally got something sorted out, good things come to those who wait.

    However:
    It does seem a bit suspicious that it's 104 weeks backpay, exactly 2 years?
    I doubt that it's been exactly 2 years that you have qualified.
    You may want to get someone to take a look at that once you have got over the shock.

    (I am aware that with the transfer from IB cockup they are trying to restrict/deny full SDP backpayments by using a spurious legal argument).
    Last edited by nukecad; 03-20-2018 at 04:59 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  4. #14
    Some have gone back 5 years and got over £20k. But I thought on a new claim of SDP they wont went back 3 months.

    But thats a great amount, get yourself on holiday. Take it straight out, so you under the £6k limit mind.

  5. #15
    Smashing news. It's your money to enjoy.
    Call me Mike.

  6. #16
    Quote Originally Posted by abcd69 View Post
    Some have gone back 5 years and got over £20k. But I thought on a new claim of SDP they wont went back 3 months.

    But thats a great amount, get yourself on holiday. Take it straight out, so you under the £6k limit mind.
    She`ll be ok for a year or so , if you get back dated money from the DWP it wont count for a while

  7. #17
    flowerangelx, really pleased for you, you won.
    Now enjoy spending it. As suggested treat yourself to a brilliant holiday.

  8. #18
    Senior Member flowerangelx's Avatar
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    Quote Originally Posted by nukecad View Post
    Well at least you'll be able to afford some sick-bags.

    Glad to hear you finally got something sorted out, good things come to those who wait.

    However:
    It does seem a bit suspicious that it's 104 weeks backpay, exactly 2 years?
    I doubt that it's been exactly 2 years that you have qualified.
    You may want to get someone to take a look at that once you have got over the shock.

    (I am aware that with the transfer from IB cockup they are trying to restrict/deny full SDP backpayments by using a spurious legal argument).
    I have counted the dates myself, as has my mum and the DWP. We told them exactly when I was entitled and when I wasn't. It genuinely add ups to 104 weeks!

  9. #19
    Senior Member flowerangelx's Avatar
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    Quote Originally Posted by abcd69 View Post
    Some have gone back 5 years and got over £20k. But I thought on a new claim of SDP they wont went back 3 months.

    But thats a great amount, get yourself on holiday. Take it straight out, so you under the £6k limit mind.
    It was their error so they have backdated further.

    It was also confirmed that they can backdate up to 20 years!

  10. #20
    Senior Member nukecad's Avatar
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    Quote Originally Posted by flowerangelx View Post
    I have counted the dates myself, as has my mum and the DWP. We told them exactly when I was entitled and when I wasn't. It genuinely add ups to 104 weeks!
    That's fine then, just a coincidence that it was exactly 2 years, but coincidences do happen.

    And don't worry about the £6k saving limit, benefit backpayments don't affect ongoing benefit payments, they are exempt for at least 12 months.
    (Some backpayments are lifetime exempt, see the next paragraph).

    In your particular case the backpayment should be disregarded as capital for ESA purposes for as long as you are claiming IR ESA.
    This is because the arrears (backpayment) are more than £5,000, and they will be received in their entirety whilst you are currently claiming IR ESA.

    Decision Makers guidance 52513 (Applies to payment of benefit arrears over £5K)
    52513 The period of the disregard is

    1. 52 weeks from the date the relevant sum is received or

    2. if the sum is received in its entirety during an award of ESA(IR), for the
    remaining period of the award of ESA(IR)
    (see DMG 52512)

    whichever is the longer period.
    (Also stated in ESA Regulations 2008, Sch 9, para 11(2) - but I won't quote that as well).

    However, if you claim Housing Benefit or Council tax Relief then it may affect those, because they have different rules.
    You should contact your council to check this.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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