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Top Income Support & Jobseeker's Allowance topic #8024

Subject: "SDP backdate -change of circumstances" First topic | Last topic
nedcab
                              

Welfare Rights, North East Derbyshire CAB
Member since
03rd Nov 2005

SDP backdate -change of circumstances
Mon 24-May-10 09:31 AM

Hi all,
I have an Income Support appeal in a couple of weeks where we are trying to get a backdate of SDP.

Client has been in receipt of DLA middle rate care for 6 years, and at the time of his initial claim for DLA he had an adult daughter living with him so no SDP was applied. 4 years ago his adult daughter left home and client became the only resident in his house. He thinks he informs the relevant departments that his daughter left however JCP and the local authority had no record of receiving information that client was living alone (also he does struggle with paperwork + communication).

It was not picked up that client was missing out on an SDP until a benefit check with us. We informed JCP who sent out an IS10 however the SDP was only backdated one month to a date where client’s DLA award was renewed.

We appealed the decision to not backdate the SDP further. Within the Secretary of States Submission it states that there is a deadline of 13 months for declaring a change in circumstances, which client is outside of as his change of circumstances occurred in 2006.

Is this a non-winner?
Shame that he has missed out on all this money for such a long time.

Thank you in advance

  

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Replies to this topic
RE: SDP backdate -change of circumstances, nevip, 24th May 2010, #1
RE: SDP backdate -change of circumstances, Jol, 27th May 2010, #2
      RE: SDP backdate -change of circumstances, ariadne2, 28th May 2010, #3
           RE: SDP backdate -change of circumstances, sovietleader, 01st Jun 2010, #4
                RE: SDP backdate -change of circumstances, nedcab, 03rd Jun 2010, #5

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: SDP backdate -change of circumstances
Mon 24-May-10 03:33 PM

If he was getting IS before his daughter left home then he can get the SDP from the date she left (reg 7(7) of the Decisions & Appeals Regs). If he claimed IS only after the daughter left then the IS claim can only be beckdated a maximum of 3 months.

"Secretary of States Submission it states that there is a deadline of 13 months for declaring a change in circumstances". I can't make head nor tail of that. Coc's are usually the subject of a supersession or fresh claim. If supersession (previously any time revisions) then if they are reported late increases in benefits only usually take effect from the date of reporting.

However, there are exceptions and awards of qualifying benefits/non-deps moving out are two of them, subject to what I said in paragraph one.

  

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Jol
                              

Welfare Benefits Caseworker, Trafford Citizen's Advice Bureau
Member since
10th Mar 2010

RE: SDP backdate -change of circumstances
Thu 27-May-10 11:38 AM

In reference to the 13 month deadline mentioned by SoS:

Supersessions favourable to a client normally only take effect in terms of payment of extra benefit from when the change was reported (it should be reported within one month of it occuring) even if the change happened some time ago. However, if the client has special circumstances which meant that it was not practicable for the change to be notified within the one month time limit, the deadline can be extended to a maximum of 13 months. I presume that is what they are on about - see CPAG chapter on Decisions, revisions and supersessions, no time to look up the regs at the mo.

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: SDP backdate -change of circumstances
Fri 28-May-10 05:06 PM

The knock-on effect from missing the absolute 13 month rule is that no backdating at all is possible before the date of notification - unless of course you can show official error....

  

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sovietleader
                              

Welfare Rights Advisor, Wirral Welfare Rights Unit
Member since
07th Sep 2009

RE: SDP backdate -change of circumstances
Tue 01-Jun-10 03:57 PM

Re earlier post by nevip - to the extent that I read it to say that there is no limit to arrears of SDP after non dependant leaves (and apologies if I read the post incorrectly), I don't agree.

If a person who would otherwise get the SDP but for the presence of a non dependant does not report the fact that the non dependant has left within one month (or within 13 months if there are special circumstances relevant to the supersession application as a result of which it was not practicable to report the change within a month), the SDP will only be paid from the date that the change is reported.

The rules in regulation 7(7) of the SS (Decisions and Appeals) Regulations only assist where there is a late award of DLA or AA to the claimant or the non dependant

  

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nedcab
                              

Welfare Rights, North East Derbyshire CAB
Member since
03rd Nov 2005

RE: SDP backdate -change of circumstances
Thu 03-Jun-10 12:25 PM

Thanks all.

I have come to the conclusion that this is a non-winner!

However still going to the appeal as JCP were informed by us that there was no SDP one month before they backdated (JCP have no record of this telephone contact -but fortunately we do!).

So should hopefully be able to get this client an extra month's worth of SDPs.

  

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Top Income Support & Jobseeker's Allowance topic #8024First topic | Last topic