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- karencharlton
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5 years 11 months ago #230274 by karencharlton
SDP was created by karencharlton
Hi, my husband is waiting for his tribunal for ESA. it shouldn't be too long now, its been 45 weeks, and the average time to wait for our area is approximately 49 weeks. He is currently claiming JSA but every time he goes to sign, he is told he is going to have to move over to UC. If that happens what impact would it have oh is tribunal ?? I have also been told today that if you are claiming SDP [he is also on PIP] they can not transfer you over to UC, is this correct. Thankyou
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- Gordon
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5 years 11 months ago #230291 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic SDP
K
Is your husband receiving the Severe Disability Premium with his JSA? You would both need to be receiving DLA MRC or HRC or PIP Daily Living.
He doesn't have to claim UC, he can ask for the ESA Assessment rate to be paid while he waits for his hearing. He will need to provide a Fit Note.
If he does claim UC then it won't affect his Tribunal but he will be expected to seek work. If he presents a Fit Note then he will be assessed under UC to see if he is Fit for Work, this new Decision will limit and supersede any Decision made by the Tribunal.
Gordon
Is your husband receiving the Severe Disability Premium with his JSA? You would both need to be receiving DLA MRC or HRC or PIP Daily Living.
He doesn't have to claim UC, he can ask for the ESA Assessment rate to be paid while he waits for his hearing. He will need to provide a Fit Note.
If he does claim UC then it won't affect his Tribunal but he will be expected to seek work. If he presents a Fit Note then he will be assessed under UC to see if he is Fit for Work, this new Decision will limit and supersede any Decision made by the Tribunal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- karencharlton
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5 years 11 months ago #230306 by karencharlton
Replied by karencharlton on topic SDP
Hi Gordon
yes we both receive SDP on his JSA claim, he receives PIP and I have just received a letter to apply for PIP
yes we both receive SDP on his JSA claim, he receives PIP and I have just received a letter to apply for PIP
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5 years 11 months ago #230307 by karencharlton
Replied by karencharlton on topic SDP
Also is the info i was given about SDP not correct Gordon ??
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- Gordon
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5 years 11 months ago #230325 by Gordon
Yes, if you are receiving the SD Premium then you are currently barred from claiming UC.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic SDP
K wrote: Also is the info i was given about SDP not correct Gordon ??
Yes, if you are receiving the SD Premium then you are currently barred from claiming UC.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: karencharlton
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