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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

SDP backdating on closed ESA claim

CAAdviser
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Central and South Sussex Citizens Advice

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Joined: 12 December 2017

I have a client whose irESA claim was closed last June after he failed a WCA.  He later claimed UC.

While he was receiving irESA he lived alone for many years and recd PIP DL.

He was not however in receipt of SDP.  If his claim was open now, I would request that the SDP was added and request backdating.

Does anyone know if it is possible to request the backdated SDP now the claim is closed?

Many thanks

Timothy Seaside
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Housing services - Arun District Council

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You’ll presumably be arguing official error, but yes; no reason why you can’t ask them to revise a decision just because the benefit is no longer in payment.

A lot of the time, a revision request relates to a benefit that has stopped - because it’s the decision to stop the benefit that you’re asking them to revise.

CARH
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TT/Rossendale CA

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Resurrecting this thread in light of the UC(Managed Migration pilot and miscellaneous amendment)regs 2019

Cl has been on UC since Dec 2017
Prior to claiming UC cl was ESA and DLA high rate care since at least 2014
On claiming UC he remained in receipt of DLA high rate care until a recent PIP conversion decision awarding him Standard rate Daily Living of PIP.
Unfortunately, despite being entitled (because he was in receipt of a relevant benefit, lives alone and no one is caring for him) his ESA award did not include a SDP

I am looking at the UC (managed migration pilot and miscellaneous amendment) regs 2019. These seem to indicate that a transitional payment will only be made where prior to their claim for UC (or within a month of) the client was in receipt of(entitled to) an award of ib (ESA) ’ that included a severe disability premium’
Which I am taking to mean that the SDP must have been in payment?
Is this others’ reading?

If this is the case, our client not only looses out on SDP whilst in receipt of ESA, but also the transitional amount.
Is getting ESA SDP backdated on grounds of official error feasible? (because DWP failed to act on information )?
Anyone done this or had any success?

EDIT, just read this at 7.51 of the EXPLANATORY MEMORANDUM
“7.51 There are also some other groups of claimants who will be included in the transitional
payments scheme. These are:
-
c.Those who have not received SDP in legacy due to maladministration/error e.g.
those whom the Department did not identify as having entitlement and therefore
never had it included in their award.”

[ Edited: 25 Jul 2019 at 09:20 pm by CARH ]
Mart
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Welfare benefits, Peabody Trust

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Fill in the IS10 and send it off, SDP will be backdated to 2014, then see what happens. I saw someone on 10/7/19, due SDP, sent off form, he got £25000 arrears

CARH
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TT/Rossendale CA

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Thanks Mart
Will give that a go