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Thread: Severe Disability Premium - 2 years backdate

  1. #11
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    from personal experience your NEW payment of SDP should not take too long
    I have no idea why they are asking for proof of your address since they use it!!

    regarding a back payment
    well mine took 10 months!! and took a lot of fighting - with masses of help here from Nukecad
    but it is certainly worth the effort

  2. #12
    I really do appreciate any advice with this.

    The call handlers are a mixed bag. Very poor understanding of the law or the detail in DWP guidelines. From what I have found, they blatantly deny, lie and/or have no awareness of backdating any benefits. You have to know you're rights before you call and push them to review/investigate entitlement. Excuses and fabricated reasons for things. They really do give you the run around. Hoops to jump through, waiting for "collegues", more evidence, take it here, take it there. The DWP are behaving more like a shady insurance company than a welfare department.

    I can't understand why it took 10 months. What problems did you come up against in that time? I already have a PIP appeal in process. My recent experiences have been harrowing. It honestly feels like a battle on multiple fronts.

  3. #13
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    the main issue was that I was on CB esa and had not 'asked' to be assessed for IR when I became eligible

    in the end they accepted their own evidence that I had given them notification of my circumstances and they had failed to asses me correctly

    it took the application for a tribunal before they reconsidered and then months of asking for every bank statement for every account for the entire time I was claiming
    and incredibly I had to send them proof of my pip and Dla - even though the payments were on all the bank statements I sent

    but as I said above, it was worth it

    without Nukecad, I would not have kept going - as the DWP were very good at putting me off at every point, and did whatever they could to either ignore or dismiss what I was saying

    like you say - they seem to have an encyclopaedic amount of excuses and hoops

    my biggest wish is that when they don't know the answer to something - they just admit it and apologise or find out
    and when they cant see something on their screen - they just admit it - instead of saying it cant exist/be true if they cant see it

    keep going
    and you will get there
    and hopefully a lot quicker than me

  4. #14
    Senior Member flowerangelx's Avatar
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    I had my SDP backdated to 3 years - They had told me 4 times that I was not entitled during that period, and then I got my MP involved and it turns out, I was entitled because both of my parents were on PIP and nobody was claiming carers allowance for me.

  5. #15
    The whole thing about "asking" for it is so frustrating. Those with disabilities that entitle them to the severe disability premium are often so unwell they aren't aware of what is going on in daily life. When you are bombarded with suicidal urges, who the heck can concentrate on the intracacies of the DWP, or even care enough to research it for that matter. When you are filled with thoughts about taking your own life, nothing feels important. You can't see the point. And it's impossible to fight the DWP. Plus, they state on the .gov website that these premiums get automatically added when you become entitled. For so long, I believed this actually happens and everything was on the up and up. Then when you have the audacity to tell them it hasn't been paid, they say you didn't ask for it, you are lying about your circumstances, you need to prove you are entitled (for a benefit that is added automatically based on other benefits on their systems), you need to get copies, post things, wait 6 days, no payments, no reasons given, endure these numpties of the calls talking like you are the lowest of the low, oh now we are backlogged, you should wait a week or two, no idea when it will be sorted, sorry, don't know what else to tell you.

    I called again, regarding what evidence they wanted. I was told there was more than one person living at my address and I had to prove this wasn't the case. I told the girl this wasn't what had been said to me previously - that there was no record of ANYONE living at my address. Some time went by before I asked her a question she couldn't answer, because she hadn't actually accessed my account on the system, despite me passing data proctection. Just spouting off excuses completely unrelated and without any information regarding my details! Couldn't even be bothered to go into my account on her system. The cheek I got for asking her to actually go into it and tell me what the notes read was a disgrace. I asked for an email address as I can't get out to the library to make copies on my own. My family aren't able to take me as they have they're own stuff to deal with right now. So, I'm pretty stuck at the moment. Oh well, just try and do your best, wait until someone can go for you, there is no email, sorry. Not sorry.

    Not surprisingly, I have gotten the total run around from the council when asking for copies of council tax bills to send to DWP. They are working on producing and sending out this years billing to everyone so they are busy.

    Sorry for the moan, it's just so draining, as you are all aware.

  6. #16
    Need some help as I cannot find te answer online for my situation.

    Finally been contacted by someone saying I am only entitled to <1 years SDP because that is when they have been notified of my change in circumstances (living alone which meant I was eligible).

    They wanted evidence of when I started living at my new address, which I gave them. Now they are asking for the date I notified them or they can't backdate it the whole amount. I honestly have no idea of the exact date I informed them. I have been so unwell for such a long time and only in recent weeks have I been able to deal with all this.

    What are the regulations regarding this? Does the fact that my HB and applied to the date I moved in not someone count as notification? Or the fact I was too unwell to deal with it all?

    It's not a universal credit issue - I am on legacy benefits.

    Thanks

  7. #17
    Senior Member nukecad's Avatar
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    They are wrong as usual, they have to backdate SDP for the whole time that you were eligible, not just to when you informed them of the change.

    If it was limited to when you informed them then no one would ever get it backpaid, which as you have seen from replies above they do.
    If you were eligible then you were eligible and they have to backpay it.

    The problem there is that you won't find anything that specifically says it like that, because they are not supposed to try and limit it in the first place.

    All you can do is point out that you have provided proof of when you became eligible, and that they should therefore backdate to when you became eligible.
    If they still try to limit backpayment ask them what legislation (law) says that they can do that.
    In the end though if they still keep being awkward you MR the decision not to backpay to when you became eligible, then end up taking them to the tribunal who will apply the law.
    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. #18
    Quote Originally Posted by nukecad View Post
    They are wrong as usual, they have to backdate SDP for the whole time that you were eligible, not just to when you informed them of the change.

    If it was limited to when you informed them then no one would ever get it backpaid, which as you have seen from replies above they do.
    If you were eligible then you were eligible and they have to backpay it.

    The problem there is that you won't find anything that specifically says it like that, because they are not supposed to try and limit it in the first place.

    All you can do is point out that you have provided proof of when you became eligible, and that they should therefore backdate to when you became eligible.
    If they still try to limit backpayment ask them what legislation (law) says that they can do that.
    In the end though if they still keep being awkward you MR the decision not to backpay to when you became eligible, then end up taking them to the tribunal who will apply the law.
    I have had to request a MR. Another 28 days to wait to hear back.

    I read online that it can be backdated 13 months from the date of informing a change in circumstance, if there is a suficient reason for a delay. Nowhere could I find unlimited backdating, but then again, many have had backdating longer than that.

    I was told that because I changed address, this was a change that needs reporting (which I did report, just can't recall exactly when. It was within the 13 month limit). Whereas, someone who gets PIP awarded after ESA, and thus becomes entitled to SDP, doesn't have to report that change as it doesn't count as a change incircumstances.

    I swear it is so confusing trying to keep up with all the nonsense. Apparently they do have a record I live at my address afterall. Have had this since last year.

    Regarding the limit placed on backdating, section 6 of the Social Security Act 1998 details it. But section 8 of the same act details circumstances for the 13 month addition (which they won't tell you about). There is also stuff in the Decision and Appeals 1999 regulations that apply in some cases too.
    Last edited by quest; 12-03-20 at 19:32.

  9. #19
    Senior Member nukecad's Avatar
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    The 13 month thing is a time limit on making an appeal after a decision is made.
    (And it is not an absolute limit).

    It is of no relevence here at all because it applies to DWP decisions only and not when you notified them of a change.
    It only starts once/when they make a decision about that change.
    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. #20
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    when I was going through my 'backdate saga' I requested all my information to be sent to me - (Nuke will know what it is called)
    you have to ask in writing - and it is a LOT of very boring paper, but in there somewhere will be a record of when you contacted them with your change of address

    if that helps x

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