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Thread: SDP & Backpay question

  1. #1

    SDP & Backpay question

    Ok bit complicated this one , won tribunal for pip DL, currently not eligible for SDP due to not living alone , plan to move and will then become eligible for SDP.

    As far as I’m aware the day I move and become eligible for SDP (I get ESA) I then have the right to claim HB and not UC? Do I have to notify pip about the move first and claim SDP or is this done automatically when I put in a claim for HB at the new address?

    My second question is as I understand it payments over £5000 awarded by a tribunal are never counted as savings in relation to income related benefits such as my esa but if due to this when I apply for HB and council tax reductions I am over the allowed limit am I suppose to declare all of it but tell them how much was backpay or do I exclude it myself and if they inquire about it at a later date I inform them it was backpay? Not sure how to proceed with all this any advice will be welcomed thanks.

  2. #2
    Senior Member nukecad's Avatar
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    The moving and which benefit you can/should then claim can still be a bit of a grey area in these circumstances, but yours seems simple enough.

    The law blocking claiming of UC says that if you have been 'entitled' to the SDP in the month before you make a new claim for an IR benefit then you cannot claim UC.
    It says nothing about actually being in receipt/payment of SDP.

    To be 'entitled' to the SDP then you must be receiving a benefit with which it would normally be paid.

    There is a subtle difference between 'entitled' (maybe without payment) and 'eligible' (payment should be made).

    I believe that (after a bit of a mess) you are still receiving IR ESA and so are 'entitled' to SDP even though it is not being paid at the moment.

    That being the case then the law bans you from claiming UC and you have to claim HB instead.
    In the case of moving house it doesn't matter where you move to, it's the entitlement to SDP that says you can't claim UC at all.

    (This is less clear if you are only getting CB ESA, but would be entitled to an IR ESA top-up of SDP if you were living alone/no one claiming carers for you. That's still a bit of a grey area, because you are not getting a benefit which would normally pay the SDP, but I believe that they are currently erring on the safe side and saying that there is an 'entitlement' to SDP in those cases also).



    Benefit payments of over £5K can be disregarded for the lifetime of the benefit claim - if they are due to official error by the DWP.
    The tribunal has nothing to do with it, only if it was official error or not.

    If this was backpay from the PIP tribunal overturning/increasing an assessment/award decision then it was not official error and the backpay is only disregarded for 52 weeks.

    When making a new claim for HB you should declare it and state clearly why the backpay was awarded.

    I usually recommend that backpay from the DWP should be kept in a seperate account that doesn't have anything else paid into it, so that it's obvious that it's the backpay.
    Last edited by nukecad; 04-15-2019 at 11:51 AM.
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  3. #3
    Thanks nukecad, I see what your saying about keeping backpay in a separate account , I suppose the best thing to do is provide copies of bank statements and/or backpay award letters so they can see clearly how much was backpay and when it was paid.

    One more about SDP, am I suppose to phone both ESA & PIP about the move and will they automatically then see I should now get SDP? I have read here and there that sometimes they don’t and I should request a form to be sent? Also I believe it’s the ESA department that actually deals with SDP?

    Thanks in advance.

  4. #4
    Senior Member nukecad's Avatar
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    You have to notify them of the change of address so they know where to send letters, whether they also pick up on the fact that you will now qualify for payment of the SDP can be a bit hit and miss (even if you do mention it).

    To make sure then ask them to send you an IS10 form to apply for the SDP to be added.

    If you have any trouble claiming HB at your new place, because the council insist that you should claim UC instead, then there is now a special team at the DWP who deal with SDP/UC issues who should be able to help.
    They can even help if you claimed UC by mistake after 16th January (but not from before 16th January).

    If you have any queries regarding SDP and UC you can call a specialist DWP team on 0800 181 4049.
    From 16 January 2019, if you were getting a SDP and mistakenly make a new claim for UC the specialist team should help you return to your old benefit/s.
    Last edited by nukecad; 04-16-2019 at 10:34 AM.
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  5. #5
    Didn't know a helpline existed ,hopefully I manage to get my head around all of this, much obliged!

    EDIT: I did some more digging and apparently you need to be sent an IS10? https://www.whatdotheyknow.com/reque...ent%20IS10.pdf

    Don't know whether or not I can just print and send that off myself or I must ask for it to be sent first?
    Last edited by moonface; 04-15-2019 at 09:33 PM.

  6. #6
    Senior Member nukecad's Avatar
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    Sorry that was my mistake, I'll blame tiredness, it is indeed an IS10 you need to claim the SDP (and not an ESA3 like I said).
    (The ESA3 is for if you currently only get CB ESA, if you already get IR ESA then it's just the IS10 you need).
    I'll change it above.

    You should ask them to send you one which will have their office stamp, etc. on it.

    Of course you can print off that example to practice on and just copy your answers into the 'official' one when it comes.

    The UC/SDP help team is a new thing, I've not seen any reports of how effective it is yet.


    Edit:
    Just a thought here but when are you planning to move?
    I'm wondering if getting an IS10 in now would be a good idea?
    Although SDP would not be payable because you are living with someone hopefully their reply would state that.
    Which would then show/imply that you are 'entitled' to SDP, if living alone, but not 'eligible' for it to be paid at the moment.
    Last edited by nukecad; 04-16-2019 at 10:45 AM.
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