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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Claimants already getting SDP

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Pete at CAB
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I’ve become quite confused by all the last minute changes to UC so I would be grateful if someone was able to clarify one aspect for me.
Are claimants who are already getting the SDP still going to be prevented from natural migration to UC from 16th January 2019 onwards and therefore able to claim legacy benefits ( in this case Housing Benefit) ?

     
Elliot Kent
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The position is that there are draft regulations which would have that effect. Draft regulations count for exactly nothing until they become real Regulations. Assuming that they are passed before 16th Jan, that is how it will work. That really can’t be taken for granted.

Watch this space.

     
tarzier
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So is it correct that people in receipt of legacy benefits with entitlement to the SDP, will not be able to make a claim to UC on or after 16/01/19 due to a change in circs? 

Also those who has already migrated and who had SDP entitlement prior to migrating, we are still waiting for a decision on whether an extra payment will be made to them?

     
Elliot Kent
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tarzier - 11 January 2019 08:12 AM

So is it correct that people in receipt of legacy benefits with entitlement to the SDP, will not be able to make a claim to UC on or after 16/01/19 due to a change in circs? 

Also those who has already migrated and who had SDP entitlement prior to migrating, we are still waiting for a decision on whether an extra payment will be made to them?

As above, the government has promised to make a law which will:
(1) stop SDP claimants from naturally migrating beyond 16/01; and
(2) compensate naturally migrating claimants for loss of SDP

However, that law has not yet been made so it counts for nothing as yet.

It’s looking unlikely that it will be made in time for 16/01, so that date is probably going to be pushed back,

     
Daphne
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Written statement confirms it will be coming in on 16/1/19 -

The first is a negative Statutory Instrument to provide for the Severe Disability Premium Gateway. This prevents legacy claimants who are in receipt of the Severe Disability Premium from moving naturally to Universal Credit and allows them to continue to claim legacy benefits until they are moved over as part of the managed migration process. We committed to bringing this important extra protection into force on 16 January and this provision ensures that we will meet that commitment.

     
WillH
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This is wonderful news Daphne! You’ve made my day - just advised my first client who should benefit from this (obviously will wait to see regs..)

     
BC Welfare Rights
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Apologies if this has been addressed elsewhere.

If ESA claimant currently has SDP but is reassessed and fails WCA after 16 January what will they do whilst MRing ESA decision? They are prevented from being paid ESA during MR period so many would ordinarily claim UC… If they are also getting SDP in HB claim would this prevent them from claiming UC too or is it just the SDP in DWP benefits? Or are we going back to the days of claiming JSA pending ESA appeal?

     
Elliot Kent
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Assuming that they pretty much copy and paste what’s in the draft managed migration regs, someone getting the SDP in their HB only would be covered - yes.

     
Timothy Seaside
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My reading of the draft regs is that the bit about having had SDP within the last month, and continuing to “satisfy the conditions for eligibility for a severe disability premium” would also cover somebody who had been getting ESA SDP, but no HB (assuming no change to their PIP, etc.).

     
BC Welfare Rights
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Sorry if I am being slow…

So what would they claim whilst waiting for the MR?

     
Elliot Kent
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BC Welfare Rights - 11 January 2019 12:50 PM

Sorry if I am being slow…

So what would they claim whilst waiting for the MR?

Just pretend it’s two years ago.

They could re-claim ESA, claim JSA or just wait for the MR without claiming anything then get appeal rate ESA.

     
Peter Turville
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Whist this is clearly good news it still does not:

(a) guarantee it will happen in practice - unless there has been a lot of behind the scenes preparation by DWP, LA’s etc to prevent such claimants being ‘naturally migrated’ - you can all see the potential for it to go horribly wrong in individual cases.
(b) subject to any affirmative regs, DWP guidance etc - restore SDP to claimants already naturally migrated and/or at an equivalent rate.
(c) introduce a similar gateway for claimant who will still lose EDP, ‘disabled worker’ addition or a reduce rate disabled child element on migration.

The SSWP’s not really having a good day.

     
BC Welfare Rights
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Elliot Kent - 11 January 2019 12:57 PM
BC Welfare Rights - 11 January 2019 12:50 PM

Sorry if I am being slow…

So what would they claim whilst waiting for the MR?

Just pretend it’s two years ago.

They could re-claim ESA, claim JSA or just wait for the MR without claiming anything then get appeal rate ESA.

Thanks Elliot, although I would rather not pretend that I have to go through the last 2 years of UC again…

 

     
JAS1
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I’ve got a client waiting until the 16th to claim housing benefit and not lose his ESA with SDP. Is it too hopeful to presume Manchester Council will know about this and allow his housing benefit claim to go through? Or what is likely to happen?

     
Daphne
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regs should out by then so you should have something to quote at least…

     
stevenmcavoy
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JAS1 - 11 January 2019 03:34 PM

I’ve got a client waiting until the 16th to claim housing benefit and not lose his ESA with SDP. Is it too hopeful to presume Manchester Council will know about this and allow his housing benefit claim to go through? Or what is likely to happen?

keep an eye out for any hb circulars on it as well.