Transitional SDP payments and UC carer’s elements

Hi folks,

Wondering if anyone might be able to clarify something for me about the SDP transitional payments within new UC awards where people move from legacy benefits.

If you were previously entitled to the couple rate of SDP as part of your IB-JSA, IR-ESA or IS award (ie. both you and your partner satisfied the SDP requirements) and no person has become a carer for either of you, the amount of transitional element is £405 per month.

What I want to double check is that this means that neither partner should state they are caring for the other on the initial UC claim because if they do, that means they will only receive the lower amount of £120, which taken together with the carer’s element of £163.73 is a lower overall total than the £405 amount? Have I got that right?

Also, if they later state they are caring for the other partner, could they have the carer element included in the UC award and not affect the transitional amount?

I’m really struggling to get my head around these regulations. Thanks in advance.

The rule that “no person has become a carer” for either of you was only in the old transitional SDP payments regs. Now the rules state simply that the claimant must continue “to satisfy the conditions for eligibility for a severe disability premium up to and including the first day of” the UC award. See here.

In your situation they satisfy that condition, as even though they are stating that one has a carer on day 1 of the UC award, their is still entitlement to an SDP due to the other partner who does not have a carer.

It could be suggested that the above relies on a slightly too literal reading of the regs, and that in such a case DWP may only agree to include the lower transitional SDP element. If so, as an insurance policy, they could start caring a few days into the first AP. This would not reduce the transitional SDP element, as it is in the first AP.

If they only start caring after the end of the first AP, then the inclusion of the carer element would reduce the transitional SDP element.

Brilliant, thanks as ever Charles, that’s really useful.

So they could get the higher transitional payment, the LCWRA element and the carer element included from day 1 potentially?

Hi Paul,

Charles’ suggestion seems very good though I would be worried that perhaps the DWP will get picky and say they no longer meet the criteria for the higher SDP amount because one of them is getting the carer element from day 1 of the claim?

If they wait and declare it after the 1st assessment period, my understanding is the £405 per month SDP transitional element would still be applied but it would be eroded by the carer element, so they would not benefit from the carer element being included.

Paul_Treloar_AgeUK - 22 April 2021 11:10 AM

So they could get the higher transitional payment, the LCWRA element and the carer element included from day 1 potentially?

Yes, I think so.

I would be slightly wary about advising people to do this in practice though, as DWP may try and argue for a purposive reading of the regs, and say they are only entitled to the lower SDP transitional element.

(I’ve realised that there is no advantage in only starting to care from a few days into the first AP. As the carer element is included from the start of the AP, that still would affect potential entitlement to an SDP on the first day of the UC award.)

Thanks both again, don’t know what we’d do without the hive mind.

This neat little loophole in the Regs for the Transitional SDP Element has sadly been closed off by the Regs laid today (but only coming into force on 29 June 2023).

Also mentioned in this thread: https://www.rightsnet.org.uk/forums/viewthread/17547/