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Forum Home  →  Discussion  →  Disability benefits  →  Thread

SDA in PC - does DWP speak to SSS to ascertain entitlement?

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Joined: 7 May 2019

Online PC claim doesn’t ask about entitlement to disability benefits. Assuming DWP (at least should) normally check their own records to consider entitlement to the SDA, but does the same happen for SSS benefits, i.e. ADP?

hkrishna
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Welfare rights worker - CPAG in Scotland, Glasgow

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Simple answer is no. Those transferring from DWP disability benefit (eg PIP) to ADP should be alerted in their ADP award notice that they need to tell DWP that no longer getting a DWP disability benefit but now get an SSS one. Same would apply if getting disability benefit from SSS for first time, ie need to tell DWP. Also never safe to assume that one part of DWP talks to another, and while there is now some Northern Irish caselaw (which is not binding on GB tribunals) that suggests that may be able to rely on the benefit authorities internal electronic communications, most recent GB Upper Tribunal caselaw still says a duty on the part of claimant to report any changes of circumstance pending revisit of issues in leading domestic case: https://www.rightsnet.org.uk/welfare-rights/caselaw/item/claimant-not-entitled-to-assume-dwp-knew-daughter-was-living-with-him-because-she-was-claiming-esa-from-same-address

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Total Posts: 706

Joined: 7 May 2019

I was just reviewing the claim form, and noticed that it does ask about children and their disability benefits (including having been updated to ask for CDP/ADP). It’s a pretty glaring omission not to ask about the claimant’s disability benefit.

Pretty frustrating considering all the disabled pensioners who are missing out on their SDA (and esp considering the current PC take-up campaigns).