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SDP Confusion
I have a client who has recently been released from prison, registered blind and has severe mental health problems. He was in prison for one year so no ESA since then.
Client does has a live PIP claim (payment suspended pending confirmation of his release from prison) with the daily living component, meaning he is entitled to SDP on legacy benefits.
As I understand, the client is eligible for SDP meaning he cannot make a claim for UC. If he isn’t eligible for UC then he can claim ESA.
I have tried to make a claim for ESA and the front line and also specialist SDP team have advised he wouldn’t be entitled to claim legacy benefits.
I interpret The Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019 as though entitled doesn’t necessarily mean payable in the last month, merely would able to claim one of the benefits and receive the SDP?
Is that the right interpretation, or have the DWP got it right and he has to claim UC?
As they say ... answers on a postcard…
Consensus is that DWP are right about this: