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Severe Disability Premium
I’m looking for a little bit on guidance on SDP. It was my understanding that people were protected from having to claim Universal Credit if they are receiving SDP but have a client who receives it and has been told that she has to go on to UC. I believe that when an area goes to managed migration stage that this is when they have to go on to UC but that they should be covered with transitional protection? And this managed migration stage keeps on going further and further back.
Apologies for the basic question, I’ve been doing appeals based work for PIP and ESA for a while now and feel like I’ve forgotten everything. If someone could just link me to a good source that would be much appreciated. Thank you in advance.
That was the situation until 27 January 2021 however from then the SDP gateway was removed so people with an SDP will need to claim UC in the situations where in the past they might have claimed ESA or JSA or similar and they’ll get a transitional element to top up their income to make up some of the loss.
Though as always no-one (outside of managed migration) has to go onto UC just because. They just might end up in a situation where it’s either claim UC and get support or claiming nothing. Which leads me to the question, why has you client be told they have to go onto UC?
For a time there was a rule excluding SDP claimants from UC (and therefore permitting them to claim legacy benefits). This is usually referred to as the ‘SDP gateway’. However this was always time limited and as from 27/01/21, it has no longer applied.
People who get the SDP and who claim UC through ‘natural’ migration will usually qualify for an additional element which will partially compensate for the reduced benefit.
That was the situation until 27 January 2021 however from then the SDP gateway was removed so people with an SDP will need to claim UC in the situations where in the past they might have claimed ESA or JSA or similar and they’ll get a transitional element to top up their income to make up some of the loss.
Though as always no-one (outside of managed migration) has to go onto UC just because. They just might end up in a situation where it’s either claim UC and get support or claiming nothing. Which leads me to the question, why has you client be told they have to go onto UC?
Thanks! Just spoken to her support worker (not been able to speak to her yet) and it is because she is not able to work due to illness (probably slipped through the cracks all year due to COVID and just stayed on JSA as she probably wasn’t pressured to look for work as much. So it is justified why they’ve told her she needs to do UC. She hasn’t worked for years so no possible route to claiming CB ESA. I will check if she definitely can’t be in any type of work as she should be able to tailor her claimant commitment agreement. Thanks again.
For a time there was a rule excluding SDP claimants from UC (and therefore permitting them to claim legacy benefits). This is usually referred to as the ‘SDP gateway’. However this was always time limited and as from 27/01/21, it has no longer applied.
People who get the SDP and who claim UC through ‘natural’ migration will usually qualify for an additional element which will partially compensate for the reduced benefit.
Thanks. Just checked and they’ve told her she needs to move onto UC due to not being able to be in work any longer (and no route to CB ESA) will check if she can’t just have her claimant commitment agreement changed for particular types of work. She should be able to still receive the transitional payments on UC though if she has to move on to it I presume? Thanks again!
Move onto UC from what? You’ve not said what benefit she is currently claiming so where does the SDP come into it?
Move onto UC from what? You’ve not said what benefit she is currently claiming so where does the SDP come into it?
Client receiving JSA and PIP with no one caring for her.
Client receiving JSA and PIP with no one caring for her.
Ah ok, thanks Rachel, so she has been receiving SDP with her JSA then? Sorry, just seen that you did mention JSA couple of posts back up. Yes I think you’re correct that she should be getting transitional element with UC and also important for her to submit fit notes to try and get LCWRA element put into payment in due course (although I think that will remove the transitional payment).
There’s no obvious reason why it wouldn’t be open to her just to stay on JSA provided she is prepared to stick with the conditionality requirements, risk of sanctions etc. (or enter into an extended period of sickness, at least temporarily).
Claiming UC would be the only way for her to be recognised as incapable of work on a longer term basis (given that ESA can no longer be claimed) but it is also likely to result in reduced income due to the loss of the SDP, disability premium and (if she gets it) enhanced disability premium. The SDP compensation or LCWRAE (if awarded) are not going to fully compensate for the reduction in income. It’s for her to decide which route to take.