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SDP and migration to UC

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3 years 8 months ago #249861 by micksville
SDP and migration to UC was created by micksville
Hi,
My daughter will ( hopefully) be leaving for university in autumn. Though she will still be officially registered at my address she will be physically living in halls of residence at Uni. Council advised me that she will still be classed as living here so no bedroom tax but I will get the single person's discount on my council tax. Question is: if I approach DWP for resumption of my SDP ( I give it up when she turned 18) If I am allowed the SP would that be a classed as a new legacy benefit triggering automatic migration to Universal Credit? Or is it the case it will just be judged as an addition to my ESA (SG) thus not triggering a " natural migration)". If it is the former would it be the case I could tell them I do not wish to re claim SDP or could they insist I do so?

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3 years 8 months ago - 3 years 8 months ago #249863 by Gordon
Replied by Gordon on topic SDP and migration to UC
micksville

It will be a change to your existing ESA claim, there is no requirement for you to claim UC in these circumstances.

Be aware, if your daughter returns home during term breaks then you need to notify the DWP, certainly during the summer break she will no longer be classed as living at the university and you will lose the SDP but can reclaim when she starts the next term.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 8 months ago by Gordon.
The following user(s) said Thank You: micksville

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3 years 7 months ago #251331 by micksville
Replied by micksville on topic SDP and migration to UC
Had some developments on this today Gordon. My daughter has started Uni and council were fine with it I will get the single persons c tax discount but dont get hit with the so called bedroom tax as shes going to be coming home during holidays etc DWP logged my details and asked me to write in with as much info as possible to kick start the process Once Ive written them it can start a decision makers process. Apparently there are very complex rules re this situation ( obviously she wouldnt tell me exactly what or how many days the student is allowed to be back home etc), for obvious reasons. I have sent them a letter though and told them there will be more evidence to follow when i get it. Sounds like there are very precise rules and regs involved although she didnt say outright I couldnt re claim the SDP Fingers crossed
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