SDP transitional payments in UC

Hello,

Got an issue with one of my tenants.  In July 2018 he was part of his wife’s ESA claim whereby they received the couples rate SDP.  He then splits with wifey and immediately claims UC.  He has put notes in his journal to request the transitional payment.  The months roll by and he hears nothing.  Eventually he is advised to contact the SDP helpline.  I didn’t know such a line existed.  The number is 0800 1814049 if anyone is interested.  Anyway, given that they’re a dedicated SDP line, the lady I spoke to didn’t really seem to grasp the finer nuances of the SDP rules.  The upshot was, after conferring with colleagues that he was not entitled to the protection as the ESA claim was in his ex-wife’s name.  I don’t buy this and asked for said decision to put in writing so I could MR it.  The lady said that she could give no decision in writing as the case had not even come up on the list of potential SDP cases to work through.

So what say you boffins?  Am I right that he is entitled to the payment?  Is the fact that the ESA claim was in his wife’s name relevant?  How do I beat the DWP on this case?

Oh yeah, just to throw in another little complication, in July 2019 he formed a partnership with a new lady which lasted a month.  He went on her claim for a month.  Again both parties would have satisfied the couples rate SDP criteria.  He then claimed again as a single person.  How might that little curveball affect things?

Not good news I’m afraid.  The first condition for the transitional payment is:

an award of universal credit has been made in respect of a claimant who, within the period of one month immediately preceding the first day on which the claimant became entitled to universal credit as a consequence of making a claim, was entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium;

Note the bit in bold - he wasn’t personally entitled to ESA.

There is no entitlement to an SDP transitional payment because:
(a) Your client was never an ESA claimant so fails condition (a) and;
(b) Your client’s UC award as a single person was in any event terminated in July 2019 so fails condition (c).

(You can find the conditions here: http://www.legislation.gov.uk/uksi/2019/1152/made)

Thanks for the quick replies.  That’s a real shame.

It may however, be worth contacting Ryan Bradshaw at Leigh Day solicitors who says at post #5 here https://www.rightsnet.org.uk/forums/member8347587824572ahfgdfaygdsyfug/3587/viewthread/14193/ that the group action is being opened up to anyone who lost SDP/EDP as a result of migrating to UC prior to 16.01.19