Lost out on SDP - any hope?

Hi all
Yesterday I met a client regarding a DLA appeal (was on MRC reduced to LRC from 22.01.11) during our chat whilst I was checking other benefit entitlement it became apparent that he was on ESA(IR) throughout the time he was getting MRC but he was getting no SDP.
This makes sense as until Oct 2010 he was living in a friends spare room however from 18th Oct he was living alone.

My question is this… Client no longer has entitlement to SDP due to lost MRC however is there a way I can assist to enable Cl to make backdated claim for the SDP from 18 Oct 2010 through to 21 Jan 2011 when entitlement ended?

Cheers,
Chaos

As I suspected, thanks for taking the time to reply.

Chaos

Thanks Paul

Hmmmmm indeed, so many questions for me to start digging into!
I will see what I can determine

Cheers
Chaos

If she still gets IR/ESA then she could, I think, get the SDP for the closed period under regs 7(7) and 6(2)(e) D&A Regs.  If she isn’t getting IR/ESA then I think she might still be able to avail herself of the above option as I seem to recall a CD concerning the possibility of supersession being available (rather than a fresh claim) when benefit was no longer in payment, for a closed period.  But I can’t remember the details.  I’m sure I remember discussing it on here and, if memory serves, Tony, you were part of that discussion.  How’s your memory?

There doesn’t need to be a change of circs as such.  That is covered by 6(2)(a).  6(2)(e) provides for where there “ is a decision where the claimant has been awarded a qualifying benefit…..” and is therefore a stand alone provision.  I’ve used this provision many times for situations where entitlement to the premium has been ongoing and never had a problem.  I do not see any difference in principle for closed periods.

Thanks guys,

I ahall submit an IS10 with covering letter and hope the DM is having a good day!

Chaos