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Impact of back-dated claim for Severe Disability Premium

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1 year 10 months ago #271891 by woody34
Thanks again, are you saying that because there should be no assessment phase if moving from ESA to UC, then there would be no delay over a month and so the disregard will continue to apply?

I saw a local benefits advisor today, unfortunately I doubt the advice given was correct - I tried to question her conclusions but got no where.

First she said that the first £10k of savings wouldn't impact her benefits. I said I thought this was £6k and she told me that had changed.

Then she said that during a 52 week disregard period, as appointee, I could place the back-dated benefits lump sum into a discretionary trust, so this money could continue to protect her from emergencies (for example) into the future, and not impact her future benefits. She advised me to speak to a solicitor about this, telling me that because of this it didn't matter how much she received in back-dated benefits. I can't find anything to confirm this - unless becuase I'm appointee I can shield her from a decision of deprivation of assets. As far as I can find out, this only applies to monies received for personal injury compensation.

Any comments? How can I find a benefits advisor I can rely on? Do Citizen's advice provide benefits advice face to face rather than just in online FAQ?

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1 year 10 months ago #271911 by Gary
Hi woody34

Yes I am saying that there should be no assessment phase if you move from ESA to UC providing you make the claim for UC whilst the ESA claim is still live.

If the ESA closes even for one day the you will have to go through the assessment phase.

I am not aware of any changes in the tariff income limits

I do not have an answer to your question on discretionary trusts

The only way I know of finding a Welfare Rights Organisation is by clicking on the link I provided in a previous post.

Gary

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

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1 year 10 months ago #271926 by Angel
This is an aside. Get a copy of your daughter’s rental agreement, and housing benefit statement from when she moved in, to back up her SDP claim. Also any ‘proof’ that you have notified the DWP that she had her own flat (with dates). NB. If you are claiming ‘Carers Allowance’ for her, she will not be entitled to SDP.
The following user(s) said Thank You: woody34

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1 year 10 months ago #271937 by woody34
Thanks. What could close the claim? For example, if my daughter was had to leave her flat and move to a different local authority area, I know that would mean she would have to claim UC - would the ESA claim close immediately even before she submitted the UC claim?

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1 year 10 months ago #271977 by Gary
Hi woody34

Your daughter does not want to close her ESA claim before claiming UC,if she does then she will have to go through the assessment phase which is 13 weeks of no LCWRA elements.

Gary

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

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1 year 9 months ago #272121 by woody34
I would only move to UC if forced to do so. Certainly wouldn't close her ESA claim myself. But, is there anything that will automatically close the claim - for example, if she moved to live in a different local authority area, would that cause her ESA claim to end / close?

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