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Just a quick question about SDP

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5 years 9 months ago #233654 by rg82
Just a quick question about SDP was created by rg82
Hi, I've been on enhanced PIP and ESA for a while and recently was sent a letter saying I may be eligible for SDP. I sent this form back and I started to receive SDP, but I thought SDP was payable from the date you qualify which I thought was the same date as the enhanced benefits. Can anyone shed any light on this? Thank you.x

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5 years 9 months ago #233664 by Gordon
Replied by Gordon on topic Just a quick question about SDP
rg

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

Yes, the SD Premium should be payable from the day that the claimant becomes eligible but the DWP often take the view that if the claimant has not notified them then it is not payable.

I would start by contacting the DWP office dealing with your ESA claim and ask about the back payment of the Premium. You may then need to request a Mandatory Reconsideration of any Decision not to backdate.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: rg82

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5 years 9 months ago #233797 by rg82
Replied by rg82 on topic Just a quick question about SDP
Thanks for the info, very helpful. and I assumed as much, I only became aware of SDP when they sent me a form to fill in. Is there anywhere in DWP literature that states it should be paid from the eligible date? I just want to make the reconsideration as tight a case as i can make it. Thank you

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5 years 9 months ago #233806 by Gordon
Replied by Gordon on topic Just a quick question about SDP
rg

I'm afraid I can't point you at anything, the problem is that the SD Premium is not a benefit that you have to apply for although claimants often have to contact the DWP to get it paid, claimants become entitled when they meet certain criteria.

Ultimately you will need to argue that it is unreasonable of the DWP to withhold payment of the Premium when you met the criteria for it to be paid and that they would have known this based on their own internal notifications of changes, which clearly happened as it was them that contacted you.

Also, that you should not be penalised for not contacting them about a Premium that you knew nothing about.

Gordon

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

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