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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

ESA without SDP but could add before moving to UC

amy1552
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Financial Inclusion WCHG Manchester

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I have a new client who is on ESA and Enhanced PIP DL without SDP because she lives at home with mother who is claiming carer’s allowance for her.  Client is due to move to her own tenancy in the next week or so.

Do I just do a straight UC claim with client for to gain Housing Costs or is it worth contacting ESA getting the SDP added for a week or so and then making the transition to UC for Housing Costs.  I am wondering if it is worth getting it acknowledged on the ESA claim that she was entitled to SDP should there be a way for her to gain anything in the future from changes to the transitional protection decisions.

Rent is £80.66 per week.  Client was aware of SDP and thought she’d be able to get it on UC.

Daphne
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Is the mum going to stop claiming CA for her - I’m guessing so otherwise wouldn’t be eligible for sdp?

If so then my feeling is get the sdp into her ESA first - then if draft managed migration regs go thru as now she will get retrospective protection which will be ongoing and worth missing a little bit of housing costs now.

amy1552
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Financial Inclusion WCHG Manchester

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Yes Mum will stop claiming Carer’s, they were aware of SDP and that it couldn’t be paid whilst staying with Mum.

I am wondering if anyone is doing this to try and gain future protection?

amy1552
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Financial Inclusion WCHG Manchester

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Daphne - 22 October 2018 12:53 PM

Is the mum going to stop claiming CA for her - I’m guessing so otherwise wouldn’t be eligible for sdp?

If so then my feeling is get the sdp into her ESA first - then if draft managed migration regs go thru as now she will get retrospective protection which will be ongoing and worth missing a little bit of housing costs now.

Hi Daphne, in response to this, how do you think the four week run on of carer’s will affect the SDP on the ESA claim?  Will it only go into payment once the carer’s stops?

Daphne
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When you say the four week run-on do you mean the fact that you can get CA for up to 4 weeks during a temporary break from caring? It might be better for the mum just to say that she has stopped caring so that it stops straight away or am I missing something. But certainly while the mum is getting CA that would prevent a sdp being payable.

ringleby
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Benefits advice - Kirklees Council

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Have you considered holding off on UC claim until managed migration regs prevent her from making UC claim on 16th January 2019? The UC claim will take ages to sort out anyway and your client could then retain her legacy benefits plus SDP which is worth much more than the transitional protection amounts. You could also put in a backdated HB from the 16th January and recoup some of the housing payments. You’ll need to get the SDP in payment first
though.

[ Edited: 5 Dec 2018 at 02:43 pm by ringleby ]
Debbie Witton
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Former foster carer on IRESA (SG) and PIP enhanced DL.and enhanced Mob. She also has £10000 savings.
Shared lives placement just set up in carer’s home. The licence agreement is for rent only at the one-bed LHA rate. Start date 30 Nov.

have advised appointee to request SDP - form in post ( they wouldnt claim info over the phone).

We have experienced huge delays and problems with establishing SDP for shared lives arrangements with need to chase and escalate over several months.

The plan is to avoid claiming UC and hold out until 16 Jan to make a claim for HB rather than UC.

Looking for reassurance that this is sound advice?

Also my concern is that a decision on SDP may not have been made by then.  If that is the case can HB accept a claim (with one month backdate)? Realise transition regs still draft so we dont know anything for sure.