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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Claimants already getting SDP

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Charles
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Accountant, Haffner Hoff Ltd, Manchester

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A decision will have been made to terminate the tax credits award. My understanding is that once a decision is made, however erroneous, that decision has to be revised. This includes errors of law.
Most decisions can be revised on the grounds of official error, which includes an error of law. However the decision to terminate tax credits due to a UC claim (similar to a termination due to tax-free childcare) is not included in the list of decisions which can be revised.
You could however wait until the s18 decision was made and MR/appeal that.

Owen_Stevens
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UC London Adviser, CPAG

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New HB adjudication circular: https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2020/a32020-changes-to-the-severe-disability-premium-process

Potentially indicates further policy changes afoot.

This has all been discussed here but I’m posting on this thread

Owen_Stevens
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An FOI response which sheds a bit more light on the recent guidance.

Confirms the following:
- the recent guidance indicated a change of approach from 2/3/20, not simply a clarification of an existing approach
- DWP will seek for UC to be repaid (note that I don’t think that DWP have the power to make deductions from legacy benefit to recover UC - if anyone comes across this happening then let me know)
- it states that DWP will arrange for legacy benefits, including tax credits , to be put into payment
- it is estimated that 3-4 people per week will return to legacy benefits as a reslt of the new policy
- this will not be applied to people who are correctly allowed to claim UC but who subsequently, at MR or appeal, have SDP included in their benefit (this had been my opinion but I’d not seen this confirmed anywhere prior to this)
- this process will be dealt with by a specialist team in Preston (although I suspect that this is currently on hold due to covid-19 resource isssues)

[ Edited: 6 Apr 2020 at 12:02 pm by Owen_Stevens ]

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Timothy Seaside
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Housing services - Arun District Council

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I have a client who managed to breach the SDP gateway in March when they approached the jobcentre to ask what they needed to claim as they are unable to find suitable work (they were getting SDP in their HB). After I alerted the jobcentre to this they passed it up the line. It’s going to be sorted, but…

“Due to the current staffing situation no customers are being repatriated at the minute so the customer will need to remain on UC for the time being until we can start handing customers over again”

I don’t know if they’ve redeployed a load of border staff into the DWP (staff who would otherwise presumably be sitting around twiddling their thumbs in empty airports at the moment), but I do know that my client cannot be repatriated because she’s already here (and ESA an HB are not countries). A part of me wants to get all pedantic about this, but another part of me wants to applaud the use of metaphor. But then it’s such an ugly metaphor with connotations of black shirts and detention centres and xenophobia. Why not rescued, or returned?

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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I don’t know Timothy, I quite like the idea of being extradited to ESA or deported to Housing Benefit. It has an air of excitement and intrigue about it. Although a flotilla of small boats sailing back down the UC creek to rescue and return you to the sanctuary of legacy benefits is also appealing, I must admit. Back to the asylum of Income Support.

Pete at CAB
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BC Welfare Rights - 09 April 2020 10:14 AM

I don’t know Timothy, I quite like the idea of being extradited to ESA or deported to Housing Benefit. It has an air of excitement and intrigue about it. Although a flotilla of small boats sailing back down the UC creek to rescue and return you to the sanctuary of legacy benefits is also appealing, I must admit. Back to the asylum of Income Support.

I think it would have to be a bit more cloak and dagger than that, picture the scene - a bridge somewhere in the UK, It is dark and raining. The hapless claimant and someone from UC walk to the middle of the bridge. Someone from ESA walks from the other side of the bridge to meet them. They exchange passwords ( the colour of the claimants first car and his mothers main job).  The UC person turns round and walks back to their side of the bridge alone…......................................

Va1der
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Pete at CAB - 09 April 2020 10:55 AM
BC Welfare Rights - 09 April 2020 10:14 AM

I don’t know Timothy, I quite like the idea of being extradited to ESA or deported to Housing Benefit. It has an air of excitement and intrigue about it. Although a flotilla of small boats sailing back down the UC creek to rescue and return you to the sanctuary of legacy benefits is also appealing, I must admit. Back to the asylum of Income Support.

I think it would have to be a bit more cloak and dagger than that, picture the scene - a bridge somewhere in the UK, It is dark and raining. The hapless claimant and someone from UC walk to the middle of the bridge. Someone from ESA walks from the other side of the bridge to meet them. They exchange passwords ( the colour of the claimants first car and his mothers main job).  The UC person turns round and walks back to their side of the bridge alone…......................................

Alone, but not empty handed - clutching a few strands of the claimant’s sanity (the scene tends to have more of a Lovecraft-esque feel in my mind).

Chrissum
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WRAMAS, Bristol City Council

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I quite like the idea of the UC creek. presumably there are a few people up there without propelling devices? ; P

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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Timothy Seaside - 09 April 2020 08:26 AM

I have a client who managed to breach the SDP gateway in March when they approached the jobcentre to ask what they needed to claim as they are unable to find suitable work (they were getting SDP in their HB). After I alerted the jobcentre to this they passed it up the line. It’s going to be sorted, but…

“Due to the current staffing situation no customers are being repatriated at the minute so the customer will need to remain on UC for the time being until we can start handing customers over again”

Just a quick note, CPAG have approached DWP for confirmation that clients in this position can return to legacy benefits later, even if they claim UC in the meantime. We expect a response imminently, and will share as appropriate.

Owen_Stevens
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An update from Jess: https://www.rightsnet.org.uk/forums/viewthread/15942/

Jess Strode - 20 April 2020 03:15 PM

CPAG have received clarification from DWP in response to advice by DWP that ‘the repartition process has been suspended due to the Covid-19 crisis’ (in respect of claimants who have breached the SDP Gateway and are being returned to legacy benefits).

DWP now state:

“Operational colleagues are continuing to prioritise the cases that are either identified prior to an award of UC having been made, or who have had the repatriation process started (i.e. those cases where we have already made contact with the claimant) and these will be completed in due course.

Due to the impact of Covid-19, those claims which are identified after an award of UC has already been made and have not yet been contacted by the Department, may be contacted at a slower pace due to operational pressures in the Department.”

In short, people are still being moved back to legacy benefits, just at a slower rate.  Where UC is not in payment, DWP will prioritise ‘repatriation’, otherwise it will happen more ‘slowly’.

Please let us know if you have clients experiencing hardship due to delays, who have neither legacy benefits or UC in payment .(JavaScript must be enabled to view this email address).

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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CPAG have received confirmation from DWP that:

a) ‘repatriation’ to legacy benefits is ongoing (albeit more slowly) during COVID-19)
b) claimants should not terminate their UC claim, DWP will do this as part of the repatriation process

DWP have asked CPAG to let them know of any claimants told by JC+ to terminate their UC claim. Please get in touch if you have any clients in this position: .(JavaScript must be enabled to view this email address).

I have posted more details here https://www.rightsnet.org.uk/forums/viewthread/15942/#76043

Killie
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Citizens Advice Calderdale, West Yorkshire

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Client is on income-related ESA with the WRA component and PIP SR DL, and is eligible for the SDP but it is not included in their ESA award. Cl has been on ESA since 2013. Living alone in mother’s house following separation. Moving to PR property so needs to claim help with housing costs. Could ask for supersession of ESA award to include the SDP and then claim HB as prevented from claiming UC by SDP gateway. Or could he claim UC now as not prevented by SDP gateway, then ask for supersession of ESA award to include SDP for past period, and ask for SDP transitional amount (£285pcm if not in LCWRA) to be awarded? QBC shows cl would be better off on UC with SDP transitional amount by £19.11pw. What am I missing? Would he be moved back to legacy?

[ Edited: 1 Jun 2020 at 09:22 am by Killie ]