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Claimants already getting SDP

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unhindered by talent
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No. I have sent off an IS10 to ESA but they can take months to process.

     
Charles
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Oh, ok. Just confirming. I don’t think the LA recognising a potential entitlement to SDP within the HB claim would be enough. You need them to accept there is entitlement within the ESA award.

     
unhindered by talent
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Yes, I believe he meets the conditions of entitlement through IRESA as well as HB.

     
seand
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unhindered by talent - 12 March 2019 03:51 PM

Yes, I believe he meets the conditions of entitlement through IRESA as well as HB.

Did you know a claimant can call and do the IS10 by phone as well? That should be faster

     
unhindered by talent
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seand - 13 March 2019 08:25 AM
unhindered by talent - 12 March 2019 03:51 PM

Yes, I believe he meets the conditions of entitlement through IRESA as well as HB.

Did you know a claimant can call and do the IS10 by phone as well? That should be faster

I know DWP do it over the phone but didn’t know we could choose to do it. Thanks.

 

     
seand
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Oh -the claimant will still need to be ther for the call as there’s a declaration to agree to at the end

     
Dan Manville
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unhindered by talent - 13 March 2019 08:44 AM
seand - 13 March 2019 08:25 AM
unhindered by talent - 12 March 2019 03:51 PM

Yes, I believe he meets the conditions of entitlement through IRESA as well as HB.

Did you know a claimant can call and do the IS10 by phone as well? That should be faster

I know DWP do it over the phone but didn’t know we could choose to do it. Thanks.

They prefer to do it that way these days and usually turn it round inside 3 weeks.

     
Dan Manville
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Charles - 12 March 2019 03:49 PM

Oh, ok. Just confirming. I don’t think the LA recognising a potential entitlement to SDP within the HB claim would be enough. You need them to accept there is entitlement within the ESA award.

SDP in the Housing Benefit calculation is sufficient to trigger the Gateway.  see point 5

I’ve successfully argued with our HB team that simple entitlement to SDP; rather than it’s actual payment is sufficient that they should accept the claim.

 

     
unhindered by talent
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Dan Manville - 13 March 2019 11:46 AM
Charles - 12 March 2019 03:49 PM

Oh, ok. Just confirming. I don’t think the LA recognising a potential entitlement to SDP within the HB claim would be enough. You need them to accept there is entitlement within the ESA award.

SDP in the Housing Benefit calculation is sufficient to trigger the Gateway.  see point 5

I’ve successfully argued with our HB team that simple entitlement to SDP; rather than it’s actual payment is sufficient that they should accept the claim.

 

Handy to know, thanks

     
HB Anorak
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Hang on, hang on, blending the issues a bit here.

Yes, the HB SDP is sufficient to block UC claims and enable new claims for all other legacy benefits, but you need to have it already.  There must be a pre-existing HB award with the SDP included in the applicable amount if you want to make a new claim for, say, ESA on the strength of the HB SDP.

As for “entitlement rather than actual payment”, I do think “entitlement” has to mean there is an award in which the premium is included in the applicable amount.  I don’t think, for example, that the LA can accept an HB claim because (1) the claimant is on ESA(ir) and (2) it looks to the LA as if the ESA ought to include an SDP but it currently does not.  I think DWP need to fix the ESA rate at their end before the Council can award HB.  My advice to LAs in that situation is signpost to DWP and make no decision about the HB claim until DWP confirms entitlement to the SDP.

     
unhindered by talent
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Given that SDP is a premium in an HB calculation, can’t an HB decision maker make enquiries to determine whether the conditions of entitlement are met?

     
Charles
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Dan Manville - 13 March 2019 11:46 AM

SDP in the Housing Benefit calculation is sufficient to trigger the Gateway.  see point 5

The discussion here was regarding a new claim for HB. In such a case, potential entitlement to an SDP within HB does not help to allow that claim for HB, as HB Anorak explains.

unhindered by talent - 13 March 2019 12:27 PM

Given that SDP is a premium in an HB calculation, can’t an HB decision maker make enquiries to determine whether the conditions of entitlement are met?

They need to know that an SDP should ACTUALLY be included in a different legacy benefit (even if it wasn’t being paid yet) as at the date of the HB claim. Although they could probably determine if it COULD be included, that is not enough, as inclusion also depends on DWP being informed of the change of circs giving entitlement to an SDP, and making a supersession.

     
stevejohnsontrainer
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What statutory provision says that SDP must actually be included in a Legacy benefit to block natural migration? The SDP Gateway regulation says ‘entitled’. That is not so far as I can see the same thing as ‘included’.

     
Chrissum
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stevejohnsontrainer - 18 March 2019 03:34 PM

What statutory provision says that SDP must actually be included in a Legacy benefit to block natural migration? The SDP Gateway regulation says ‘entitled’. That is not so far as I can see the same thing as ‘included’.

However in the explanatory notes with the reg it states:
“These Regulations make provision restricting claims for universal credit by claimants who are, or have been, in receipt of an existing benefit that includes a severe disability premium.”
Though granted these notes also form no part of the regulation, it gives us an indication as to the government’s line of thinking.
I guess this is one for the courts to sort out.
BTW the ADM guidance is next to useless on this! https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772704/adm1-19.pdf

     
Charles
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stevejohnsontrainer - 18 March 2019 03:34 PM

What statutory provision says that SDP must actually be included in a Legacy benefit to block natural migration? The SDP Gateway regulation says ‘entitled’. That is not so far as I can see the same thing as ‘included’.

If the regs would say “entitled to a severe disability premium within an existing benefit” I would certainly agree.

But “entitled to an award of an existing benefit that includes a severe disability premium” makes me think you have to look at the conditions for actually getting an SDP included in the award.