Severe disabiity premium (SDP)

Good afternoon all
I have a client whom I have identified ought to be eligible for an SDP on their ESA. They have previously been on I.B.
It is a contribution based claim and the client is in the support group.

The clients partner died in 2013/14. The client has only been getting the contribution based benefit and no top up. The client receives standard rate daily living and standard rate mobility of PIP.

The client is looking to claim UC as they haven’t received any housing benefit before. They are British citizens but originate from the Philippines.
On enquiries today the ESA section state they wrote to the client in 2014 stating they may be entitled to the means tested top up, SDP etc. They also imply the client has been sent the ESA 3 to claim historical entitlement but have had no response so they are now using the words that the client has been “deselected” and so are not entitled to SDP etc and need to claim UC.
Could anyone verify this because I feel they ought to be able to claim the SDP. To claom UC they would be worse off.
Hope you can help

Best wishes

Nigel

If there’s a c-ESA claim in payment, then I think an ESA3 should be completed and if they refuse to backdate, then that decision should have appeal rights.

They should definitely be able to get it from now and be protected from UC.

thank you
my thoughts
On that the DWP have just contacted and have changed their mind. They advise the client not to claim UC and agree to backdate to include SDP 3 months and then complete ESA 3
thank you

Glad it resolved smoothly (pending the full backdate…)