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PIP assessor walked out!

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3 years 5 months ago #255652 by Gary
Replied by Gary on topic PIP assessor walked out!
Hi Dan Statham

Your question on ESA and transitional SDP element is not straight forward and would depend on a number of factors :

Some claimants who were getting Income-Related ESA, Income Support or Income-Based Jobseekers Allowance, that included a Severe Disability Premium in the month before the date their UC award starts might qualify for the Transitional SDP Element as an extra Element in their UC assessment.

The Transitional SDP Element is a fixed amount for the claimant's first Assessment Period – but after that it can be eroded or lost due to changes.

There are two 'types' of Transitional SDP Element - it all depends on the date the claimant's UC award starts - before, or, on or after, 27th January 2021. Each Element has slightly different rules.

Those UC claimants whose award starts on or after 27th January 2021 will qualify for a Transitional SDP Element if they satisfy all of the following criteria:

They are not becoming the partner of an existing UC claimant.

They were on Income-Related ESA, Income Support, or Income-Based JSA - either as the main claimant or as the partner - which included a Severe Disability Premium for them within the month immediately preceding the first day of their UC award (this will generally be the date they made their claim for UC).

They continued to satisfy the conditions for the Severe Disability Premium (SDP) up to and including the first day of the UC award (click here to find out who is entitled to the SDP).

The rules for who is entitled to the Transitional SDP Element are complicated, so seek specialist advice from a local welfare rights worker.

It all depends on the date on which their award for UC started.

Gary

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

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3 years 5 months ago #255730 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
Thanks, Gary, I think! I was rly more concerned about whether just "moving" qualifies as a change of circumstance? Can you move to somewhere in the same local area? *fingers crossed it's ok*

I assume that it would maybe be just the borough council area (district? ¯\_(ツ)_/¯ ) but long ago abandonded the idea that anything made sense about anything at any time with any rules in the DWP!

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3 years 5 months ago #255732 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
(I should make it clear that I have no wish to claim UC ever - cos it would cost at least £100 pcm, likely multiples of that ):

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3 years 5 months ago #255733 by Gary
Replied by Gary on topic PIP assessor walked out!
Hi Dan Statham

As far as I am aware if you are just moving in the same local authority area then you can stay on legacy benefits.

The disappearance of the Severe Disability Premium Gateway - from 27th January 2021 - means that:

IR-ESA / IB-JSA / IS / HB claimants who would previously have been protected from having to claim Universal Credit by their Severe Disability Premium will no longer be. So certain changes in their circumstances could trigger the need for them to claim UC.

Some who move to UC will get a Transitional SDP Element included when their UC award is assessed.

But this Element can be eroded over time, meaning when a claimant has certain changes - such as having a new baby or a rent increase.

Gary

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

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3 years 5 months ago #255739 by Dan Statham
Replied by Dan Statham on topic PIP assessor walked out!
Thanks Gary. That's a relief (personally) but a concern (generally). I'll write to my MP about this, but to no realistic avail or expectation. I might be able to have somewhere safe to live, at last, so that's something!

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