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

End of SDP and current Tribunal decisions

Simon Landau
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Volunteer Sheffield Citizens Advice

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Total Posts: 4

Joined: 2 June 2015

Single Client had Low rate care DLA and ESA support group HB andCTS. Transitioned to PIP and had her Tribunal on 18/12 - we are awaiting the decision but assuming success what to do about SDP ? I do not expect a DWP decision letter until after 27/1/21 (when SDP new claims end). The local HB team rely on DWP notifications for SDP payment.
Advice please on tactics.

Elliot Kent
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Shelter

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Joined: 14 July 2014

There is no ticking clock here. The client will remain on ESA and will be able to ask for the SDP to be put in payment for the whole of the relevant period which should not be problematic.

The only thing which is changing on 27/01/20 is that people who get the SDP will no longer be prevented from claiming UC - but there is no evident reason for your client to be considering making a new claim for anything so the change isn’t really relevant to them.

sgibson
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Money Wise Team - Anchor Hanover, Oxford

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Joined: 23 September 2019

Hi Simon, the SDP gateway is in place to stop people receiving legacy benefits with an SDP from having to claim UC when they have a change of circumstances such as moving to a different local authority area. As long as your client doesn’t have a change of circs that would trigger a UC claim, the SDP gateway isn’t relevant and after 27 Jan, it won’t exist anyway. Once the PIP decision is received, if the daily living component is awarded your client should ask for an anytime revision of their ESA award and the SDP should be backdated to the date the daily living component is awarded from - as long as they haven’t lived with anyone else during that time.