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Thread: SDP - interesting!

  1. #21
    I think it may be worth quoting 52512 of the DMG about capital disregards as it does not apply to all cases.

    The relevant sum is paid to rectify or compensate for an official error

    That is not all back payments will be disregarded for the life of the income based ESA claim only if it is due to an official error.

    It might be worth getting in writing that the payment is due to an official error in case of any future problems.

    If the OP continues to receive income based ESA then this will automatically be within the income and capital limits for HB and they will qualify for the maximum amount.

    As regards CTR then it is worth checking with the local council. From a quick look at some councils they also have this disregard re: backdated payments but am not sure that it applies to all councils so worth checking the OP's own council's regulations.
    I try my best

  2. #22
    Quote Originally Posted by pmlindyloo View Post
    The government website is 'rubbish' as regards disability premiums.

    To reassure you read the Decision Maker's Guide on this

    https://www.gov.uk/government/upload...02/dmgch44.pdf

    You need 44113 about the criteria for the SDP and
    44139 to show your parent is not a non dependent if they receive a qualifying benefit.
    Thank you pmlindyloo! That link is a great help and I will refer to it if I need to when I receive a reply from the DWP, but hopefully it will all just go through ok.

    Quote Originally Posted by flowerangelx View Post
    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.
    That's is great news I am so pleased for you!

  3. #23
    Senior Member flowerangelx's Avatar
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    Thank you!

    I am so happy. I wasn't expecting back pay and would have genuinely accepted just being paid it from being accepted for it..

    When they mentioned back pay I was expecting possibly about £1000 in total so you can imagine my shock!

  4. #24
    Well done in getting your back pay waiting on mine to be processed looking at around £10.000 mark for me sent the esa 3 form off end of November 2017 was put put onto income related esa support and now get the correct amount of EDP and SDP so now waiting on the dwp have called a few times but to no avail hopefully get the ball rolling when they get the extra 400 staff in at the start of apr 2018

  5. #25
    Senior Member flowerangelx's Avatar
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    Wow! That's back pay and a half.

    I hope yours is processed very soon!

  6. #26
    Quote Originally Posted by flowerangelx View Post
    Thank you!

    I am so happy. I wasn't expecting back pay and would have genuinely accepted just being paid it from being accepted for it..

    When they mentioned back pay I was expecting possibly about £1000 in total so you can imagine my shock!
    I recently was awarded ESA support group and received back pay of over 10k. Then again I was on the assessment rate for over four years. When the man rang me to tell me how much I said "thats f'ing ridiculous", not to be rude but I was so shocked. I actually still believed they have underpaid me by about six months but just cannot be bothered any more. Its wonderful to not have to listen to bloody Vivaldi every other day
    Enjoy the money

  7. #27
    Senior Member nukecad's Avatar
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    Quote Originally Posted by flowerangelx View Post
    When they mentioned back pay I was expecting possibly about £1000 in total so you can imagine my shock!
    The highest we have seen on here was £21K.

    That was also backpay for SDP, that had not been assessed on a transfer from IB in 2008.

    (They are now trying to limit those transfer error cases and only backpay to 2014, see other threads about that one).
    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.

  8. #28
    Good news folks after waiting best part of six months just been told that my backpay is just over the 10k mark in relation to incap to esa should have been more but the tories being the tories are only back dateing till 21st of oct 2014

  9. #29
    Senior Member nukecad's Avatar
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    Quote Originally Posted by robbie66 View Post
    ........ should have been more but the tories being the tories are only back dateing till 21st of oct 2014
    This is being challenged in the courts by judicial review, CPAG is leading the case from the welfare rights side, and the DWP are expected to loose.

    I'm following the story, and the court case, and the DWP have stated that if they loose (as expected) then they already have the information needed to top up those who were only paid back to 2104 with the full amount that they should have been backpaid.

    From the thread about this issue on Rightsnet:
    The DWP have told us - via stakeholders forum and only verbally - that should the JR challenge be successful and DWP accept it is official error and full backdating should be given - then they will have all the information from this trawl that they need to pay out additional backdating due and it would happen automatically.
    TBH it looks like the DWP expect to loose and are preparing for it, the limiting to 2014 was forced on them by the government, the DWP seem to be just going through the motions until the judicial review gives a ruling.

    If you are interested in the legal argument now going through judicial review it is set out in this NAWRA response to the Public Accounts Committee inquiry into the whole IB>ESA mess:
    (You might want to scroll through most of it to "Conclusion and recommendations" on page 9).
    http://www.nawra.org.uk/wordpress/wo...se-May2018.pdf
    Last edited by nukecad; 05-16-2018 at 02:08 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.

  10. #30
    Hi yes been following the thread on rights net interesting stuff on there does not look good for the government would get around an extra £2200 in back pay when we hopefully win the case they the tories have nothing but contempt for the disabled trying to wriggle out paying £150 million which is nothing considering the contracts that they hand out east coast rail line £2 billion lost on that could go on ok i will atos maximus capita billions wasted there carillon billions there again

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