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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Late notification of change for SDP and claim for UC and TSDPE

Timothy Seaside
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Housing services - Arun District Council

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Joined: 20 September 2018

I have a disabled tenant who was getting IR-ESA and PIPDL (as well as HB and CTC and DLA for one child). Partner moved out 2 May. Nobody gets CA, and only children living with her now, so would be entitled to SDP. Not sure if she notified ESA of change of circs (she did notify HMRC - tax credits stopped and she was told she had to claim UC). Claimed UC last week, possibly Friday.

I have advised her to call ESA and, if she hasn’t already, to notify them of the change and ask them to backdate it for SDP entitlement. She has some good reasons - relating to her own disability and caring for a disabled child.

If the computer says no, is there any mileage in trying to argue that the change of circumstances for ESA was effectively notified to the DWP when the UC claim was made, and so should apply from the start of that benefit week?

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Aren’t you anyway within a month to get the beneficial change of circumstances backdated to the date of change (which, for ESA, means the start of the week in which the change happened)?

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Wouldnt she have one calendar month to notify ESA of the advantageous change (i.e until 2 June)

She should notify ESA now and the SDP should be awarded from 2 May

Timothy Seaside
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Housing services - Arun District Council

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Total Posts: 539

Joined: 20 September 2018

Thank you both. I’d got it into my head that an ESA change of circumstances was late if it was made outside the benefit week it happened.