TIA for any help. My son had an underlying entitlement to the SDP of ESA while in hospital. from 25 Dec 2023 to 23 June 2025. He has an indefinite award of DLA MRC and LRM
He had overnight home leave 17 -18 March 2025 while on ESA And various over night leaves from 9 June until discharge on 30 June 2025
His UC managed migration claim from ESA (with the underlying SDP) started on 21 May 2025. I have requested his DLA is resumed including the dates he was on home leave. Which will include the date in March when he was on ESA. I will contact ESA to request the SDP.
My question is will he receive transitional protection of the SDP on his UC award, due to the underlying entitlement.
We cannot answer your question as we do not have all the facts, from your post if ESA pays the SDP then TP should be recalculated to include the SDP. I would not assume TP would include an underlying entitlement, but I may be wrong.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
