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Thread: Complicated SDP entitlement question

  1. #1
    Senior Member
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    Complicated SDP entitlement question

    Hi Everyone,

    Some may remember My very long drawn out pursuit regarding My Autistic Sons claim for PIP.

    Nearly 3 years after the initial claim He was awarded PIP care and Mobility in April 2019 . His initial claim started in Sept 2016. and He was awarded back payment from that date.

    This is where I have problems, My Son during this period Sept 2016 up to May 2018 was in receipt of income support. He was claiming this as He was looking after His children when His marriage broke up.

    He moved in with Me in May 2018 after His mental health got worse and His Wife took custody of His children, because of this His claim was changed to Universal Credit.

    Now I know He would have been entitled to disability premiums if His award had been sorted out in the normal time scale. However due to the length of time it took when He moved in with Me He still had not been awarded His PIP so He went straight onto universal credit.

    I have tried 2 requests for FOI, to the DWP asking for details of His claims for Income support for the periods mentioned and On both occasions they have wrote back and said they have no information for this period! They say they destroy evidence after 14 months!

    I do have some letters that He brought with Him , Headed About Your Income Support with the amounts He is entitled to and Start dates, and I have some old bank statements which clearly show payments from DWP, IS.

    They do not all cover the dates mentioned some start before Sept 2016 and others show rates between the dates.

    How on earth do I approach a request for the back dated disability premiums He was entitled to Who do I contact?

    Thanks for any imput!

  2. #2
    Senior Member nukecad's Avatar
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    Whilst it's true that it is DWP policy to destroy all unneeded documents after 14 months that does not include all documents.

    It's been know before for them to trot that out only to find that the documents are still there when they can be bothered to look.
    Just look at the recent IB-ESA review, they regularly refered to records going back years.

    I have tried 2 requests for FOI, to the DWP asking for details of His claims for Income support for the periods mentioned and On both occasions they have wrote back and said they have no information for this period!
    You are using the wrong thing.
    FoI's are for requesting publicly available information, you can't request personal information in a FoI.
    To get personal details you need to use a 'Right of Access Request' (Also called a Subject Access Request).
    See this: https://ico.org.uk/your-data-matters...-of-your-data/

    Being more practical:

    There is a special DWP team who deal with questions like this where an historic entitlement to SDP arises after the claimant has already claimed UC, or when a claimant with an SDP entitlement (but no payment) wrongly claims UC.

    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.
    Whilst not specifically set up to help with backpayments of SDP on closed legacy claims I would think that they are the best people to contact.
    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.

  3. #3
    Senior Member
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    Another route.

    Your son (if he met all the criteria - PIP daily living, no one claiming Carer's Allowance for him and no non dependents living with him) should now be entitled to backdated Severe Disability Premium on his old Income Support claim.

    The best way to achieve this is to ask his bank for all statements from the beginning of his entitlement showing his Income Support Payment. This would be evidence that he was receiving Income Support for the whole period.

    You could try telephoning the DWP and explaining the situation, that he has been awarded PIP daily living and now needs the SDP backdated on his previous claim of Income Support.

    As regards his claiming Universal credit I believe that he would have met the Gateway conditions as at the time of his application as he was no longer entitled to the SDP because he is living with you (a non dependent).

    (3) After regulation 4 insert—
    “Restriction on claims for universal credit by persons entitled to a severe disability premium
    4A. No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—
    (a)
    is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and
    (b)
    in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”
    I try my best

  4. #4
    Senior Member
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    Thanks for the Info nukecad and pmlindyloo! .

    I think I will wait until the GE is over and find out who My Our MP is and then ask for help with this. Our current MP has been very helpful in the past regarding both My Husbands and My Older Sons PIP awards and has been influential in getting their awards changed to ongoing, They are both Autistic.

    My Younger Son who I am enquiring about above has just has His PIP renewed and it has increased to Enhanced on both but only for 4 Years, even though the assessor who was a Mental Health nurse recommended no review as unlikely to change So I will be disputing this as well.
    I dont dispute this directly with the DWP I get the MP to ask them to justify why they have gone against the recommendations of Their Trained Disability Assessor! It Has worked the last two times as they have no justification, they are aged 58, 38 and 36!

    I will update when I know more, But thank You for the info and the phone number!

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