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Severe Disability Premium - Where do I stand?

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5 years 4 months ago #223644 by Tinol
Hi there,

I would appreciate any advice on the topic of the Severe Disability Premium (SDP). To provide some background, in April 2018 I was awarded with income-based Employment and Support Allowance (ESA) after my case went to Tribunal, and I was subsequently placed into the Work Related Activity Group (WRAG). This was under the condition that the Department for Work and Pensions (DWP) did not reassess me for a year thereafter.

Around the same time in February 2018, I submitted an application for Personal Independence Payment (PIP) after being diagnosed with Autistic Spectrum Disorder (ASD) in September 2017. My case again went to Tribunal and in December 2018 I was awarded with both the Daily Living and Mobility elements at the standard rates. I understand from the DWP that I should receive any backdated payment within 4-6 weeks, providing that they do not appeal this decision. I certainly could not have gotten this far without the help of Benefits and Work, and so I am grateful for the useful guides that you have provided on your website. In any case, because I am now in receipt of both ESA and PIP, I believe that I should be entitled to receive a Severe Disability Premium on top of my ESA claim. Although I am living with my parents presently they are providing me with little support, and I would ideally like to move out and start living independently as soon as possible, especially as I feel that I am of an age where I should really be looking after myself. Indeed, I believe that part of the criteria for being awarded with this premium is for the recipient to be living alone without any sort of carer.

Nevertheless, I am very concerned as to what will happen when my ESA claim inevitably comes up for renewal this April. My circumstances have not changed since my claim was considered back in April 2018, and indeed, the arduous process of applying for and appealing my PIP application has arguably diverted my attentions away from accessing any support that I could have received to help me get back into work. Assuming that I were to move out and live alone prior to April, what would happen if my ESA claim was reassessed and I were deemed as being fit for work? I assume that the relatively small window from between now and April, is potentially the only time whereby I could receive the SDP?

Furthermore, I am aware that the premiums have been abolished under Universal Credit, but I am also under the impression that anybody on PIP presently will not be required to make a claim for UC and, instead, will remain on legacy benefits for the time being. This is following a legal case that was considered at the High Court in June 2018, involving two severely disabled men. I am not sure however whether this legal case specifically applies to the 'managed migration' of claimants, or claimants who have had their applications rejected. From what I can gather, whilst there are transitional payments potentially accessible to those who meet the criteria, I assume that these would only be available to those who are being 'migrated' onto UC by the DWP, and not those who either have had a change in circumstances or submit new applications altogether.

Understandably, I do not want to move out of my home with the expectation that I will receive the SDP, only to find come April that I will be required to make a claim for UC if my ESA claim is rejected. I suspect that the DWP will do whatever it takes to try and get me on UC, regardless of my suitability for it. As a final point, I understand that if I were to move out of my parent's home this would be classed as a 'change in circumstances'. Would this change require me to be reassessed for the benefits I am receiving, or would it merely be a case of updating my correspondence address? Whilst I assume the latter, one can never be sure with the DWP and how they operate.

Any advice on this would be greatly appreciated.

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5 years 4 months ago #223689 by Gordon
Alex

I'm afraid I cannot give you a definitive answer at the moment, the modified UC Regulations that were going to be put into law will not now be enacted following an announcement over the weekend by Amber Rudd, the Minister. New Regulations will be presented but until we have sight of these and what they include I won't be able to tell you how a move into your own property will be affected.

I am afraid it's a case of watch this space.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Tinol

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5 years 4 months ago #224459 by Tinol
Hi,

I am just bumping this topic to see whether there have been any updates regarding this matter.

Many thanks.

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5 years 4 months ago #224481 by Gordon
Alex

As of Wednesday 16 January claimants receiving SDP as part of their benefits are exempted from claiming UC if a Change of Circumstances would otherwise have required such a claim, so you can now move without being required to claim UC.

The legislation change required for the managed migration of claimants to UC has not yet been published.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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