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SDP help needed
- lollo1
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1 week 3 days ago #303184 by lollo1
SDP help needed was created by lollo1
Hi I recently discovered our son was entitled to SDP. I was also informed it could be backdated to the date he originally came eligible. He moved into his own property in 2018 and we informed the DWP that he was living alone, on ESA support group. The lady asked was anyone caring for him, yes I was but not getting carers allowance as I also am a carer for my disabled daughter. I am aware you can only claim carers allowance for one person. No mention of an is10 form or sdp. Fast forward 7 years and our son had a benefits check done to find he was not getting SDP and should of been eligible from the day he moved into his home alone as he met the eligibility criteria. He is now getting the SDP added after completing 2 is10 forms. Now had a letter refusing to backdate it. The letter states " why has it taken you 7 years to apply for SDP on your sons behalf. I assumed that he was getting the amount that they had calculated he was entitled to. I wasn't aware of SDP at the time. How do I go forward with a mandatory consideration. I am worn out mentally looking after 2 adult disabled children, working part time and constantly having to fight for what they are entitled to. Any advice would be greatly appreciated.
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1 week 3 days ago #303191 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic SDP help needed
Hi lollo1
Here is a passage from an internal procedure document of the ESA section regarding a change of address--
"Step Action
1 Consider the claimants ‘change of circumstances (link is external)’ to determine if an ESA3 or further information is required i.e. moving in with or splitting from a partner, SDP entitlement, capital, housing costs etc.
2 Where housing costs (link is external) are applicable on the claim email the ESA Mortgage Team
3 Ensure the ESA claim has been closed in GB
4 Delete the ESA claim from JSAPS and maintained clerically until the claim can be rebuilt
5 Process the change of address by taking into account any changes and reassess the claimant’s benefit
6 Refer the claim to be TTC’d (link is external) clearly marking any changes required for the rebuild "
I would reply to the letter quoting this and also requesting a copy of your son's ESA documentation under SAR ( subject access request ).
David
Here is a passage from an internal procedure document of the ESA section regarding a change of address--
"Step Action
1 Consider the claimants ‘change of circumstances (link is external)’ to determine if an ESA3 or further information is required i.e. moving in with or splitting from a partner, SDP entitlement, capital, housing costs etc.
2 Where housing costs (link is external) are applicable on the claim email the ESA Mortgage Team
3 Ensure the ESA claim has been closed in GB
4 Delete the ESA claim from JSAPS and maintained clerically until the claim can be rebuilt
5 Process the change of address by taking into account any changes and reassess the claimant’s benefit
6 Refer the claim to be TTC’d (link is external) clearly marking any changes required for the rebuild "
I would reply to the letter quoting this and also requesting a copy of your son's ESA documentation under SAR ( subject access request ).
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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