× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Universal credit migration  →  Thread

SDP gateway

 < 1 2 3 > 

Andrew Dutton
forum member

Welfare rights service - Derbyshire County Council

Send message

Total Posts: 1955

Joined: 12 October 2012

I have just been asked about a case where someone has ‘inadvertently breached’ the SDP gateway and has been told they cannot go back to ESA. I’m going to challenge this on the grounds that the wording of the SDP gateway regulations don’t allow a claim to be made full-stop and there seem to be no grounds for DWP to accept it, and as far as I can see, no provision at all made for ‘inadvertent breach’.

I’ll report back.

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 1411

Joined: 27 February 2019

Andrew Dutton - 11 February 2020 01:30 PM

I have just been asked about a case where someone has ‘inadvertently breached’ the SDP gateway and has been told they cannot go back to ESA. I’m going to challenge this on the grounds that the wording of the SDP gateway regulations don’t allow a claim to be made full-stop and there seem to be no grounds for DWP to accept it, and as far as I can see, no provision at all made for ‘inadvertent breach’.

I’ll report back.

See also this post (particularly the first attachment):

https://www.rightsnet.org.uk/forums/viewthread/13872/P165/#73665

Andrew Dutton
forum member

Welfare rights service - Derbyshire County Council

Send message

Total Posts: 1955

Joined: 12 October 2012

Thanks as ever Charles!

unhindered by talent
forum member

Welfare Rights Team, Aberdeenshire Council

Send message

Total Posts: 445

Joined: 18 October 2013

Client failed to attend ESA assessment at some point as yet undetermined. ESA and HB ended over 3 months ago. Client refuses to engage with anyone trying to assist with claims so my question is, if all benefits have ended, could she make a claim for HB if she has a notional entitlement to SDP through any PIP DL component?

I am guessing the answer is no due to this

“4A.  No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—
(a) is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium …”

[ Edited: 3 Mar 2020 at 12:13 pm by unhindered by talent ]
Va1der
forum member

Welfare Rights Officer with SWAMP Glasgow

Send message

Total Posts: 706

Joined: 7 May 2019

unhindered by talent - 03 March 2020 12:10 PM

Client failed to attend ESA assessment at some point as yet undetermined. ESA and HB ended over 3 months ago. Client refuses to engage with anyone trying to assist with claims so my question is, if all benefits have ended, could she make a claim for HB if she has a notional entitlement to SDP through any PIP DL component?

I am guessing the answer is no due to this

“4A.  No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—
(a) is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium …”

Not unless she lives in specified accommodation.

Are you sure the HB is stopped and not suspended or reduced? Depending on income levels/circumstances there is a decent chance it shouldn’t have stopped just because ESA stopped.

[ Edited: 3 Mar 2020 at 01:20 pm by Va1der ]
unhindered by talent
forum member

Welfare Rights Team, Aberdeenshire Council

Send message

Total Posts: 445

Joined: 18 October 2013

As far as I can tell HB was suspended pending a request for evidence of nil income. No response from the client so the claim was terminated

Andrew Dutton
forum member

Welfare rights service - Derbyshire County Council

Send message

Total Posts: 1955

Joined: 12 October 2012

Sounds as if ESA could be restored (and HB should follow), contingent on at least minimal co-operation from the claimant for a challenge? If they don’t engage and presumably had no support, the fact that they did not attend WCA seems to be self-fulfilling, arguably very good cause.

Are there any safeguarding issues? Should DWP have done more?

Va1der
forum member

Welfare Rights Officer with SWAMP Glasgow

Send message

Total Posts: 706

Joined: 7 May 2019

Andrew Dutton - 03 March 2020 01:33 PM

Sounds as if ESA could be restored (and HB should follow), contingent on at least minimal co-operation from the claimant for a challenge? If they don’t engage and presumably had no support, the fact that they did not attend WCA seems to be self-fulfilling, arguably very good cause.

Are there any safeguarding issues? Should DWP have done more?

I’ve never had to do an HB appeal (by some miracle), so I might be wrong here, but would it not be faster to challenge the HB decision in its own right/first, as there is no MR stage to delay the appeal?

On the off chance that the council hasn’t made a decision yet, you might be able to salvage it without going to appeal.

unhindered by talent
forum member

Welfare Rights Team, Aberdeenshire Council

Send message

Total Posts: 445

Joined: 18 October 2013

I think if the FTA decision was within 13 months I could argue good cause but at the time I don’t know if she was classed as especially vulnerable. Subsequent events make it clear she was, of course. With the client not engaging, i’ve no clue about the timeline but have asked HB section when ESA ended. DWP told another agency she has to make a new claim for ESA but not sure how this can be done now and I suspect it would be a case of a late ‘good cause’ appeal and UC claim meantime. IF she engaged

unhindered by talent
forum member

Welfare Rights Team, Aberdeenshire Council

Send message

Total Posts: 445

Joined: 18 October 2013

Va1der - 03 March 2020 01:39 PM
Andrew Dutton - 03 March 2020 01:33 PM

Sounds as if ESA could be restored (and HB should follow), contingent on at least minimal co-operation from the claimant for a challenge? If they don’t engage and presumably had no support, the fact that they did not attend WCA seems to be self-fulfilling, arguably very good cause.

Are there any safeguarding issues? Should DWP have done more?

I’ve never had to do an HB appeal (by some miracle), so I might be wrong here, but would it not be faster to challenge the HB decision in its own right/first, as there is no MR stage to delay the appeal?

On the off chance that the council hasn’t made a decision yet, you might be able to salvage it without going to appeal.

HB section are amenable but are saying that with the best will in the world, the claim’s not salvageable

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 3196

Joined: 7 January 2016

unhindered by talent - 03 March 2020 01:42 PM

HB section are amenable but are saying that with the best will in the world, the claim’s not salvageable

Sorry but that’s complete rubbish. HB award stopped 3 months ago because of failure to provide evidence of no income, that requires a decision which carries appeal rights.

As Va1der notes, your client can make late appeal request against the termination. If they decide your client had good cause for not supplying the evidence and for the late appeal, and you can supply evidence of no income, then why can’t the HB award be reinstated on that basis?

unhindered by talent
forum member

Welfare Rights Team, Aberdeenshire Council

Send message

Total Posts: 445

Joined: 18 October 2013

I know it’s at least 3 months but it could be 13 months for all know. As i’ve no permission to act on the lady’s behalf, HB aren’t obliged to tell me when the decision was made, though I have asked.

My plan is to come up with a way forward to present to the client in the hope that she takes up the offer of help. If the decisions were made within the last 13 months, I could appeal the HB and ESA terminations on good cause grounds.

Dark Magician
forum member

The Disability Law Service

Send message

Total Posts: 11

Joined: 25 March 2020

Can anyone advise on the effect of Pension Credit Guarantee PCG Severe Disability (SDA) Addition as a gateway protection.

Does SDA allow for new applications of Legacy benefits as SDP does? Is there any guidance available on this or any caselaw?

Paul_Treloar_AgeUK
forum member

Information and advice resources - Age UK

Send message

Total Posts: 3196

Joined: 7 January 2016

Dark Magician - 26 May 2020 06:32 PM

Can anyone advise on the effect of Pension Credit Guarantee PCG Severe Disability (SDA) Addition as a gateway protection.

Does SDA allow for new applications of Legacy benefits as SDP does? Is there any guidance available on this or any caselaw?

The only scenario this is relevant for is mixed-age couples who are claiming Housing Benefit that includes an SDP.

See A9/2019 Mixed age couples: further guidance (revised)

Ianb
forum member

Macmillan benefits team, Citizens Advice Bristol

Send message

Total Posts: 958

Joined: 24 November 2017

Dark Magician - 26 May 2020 06:32 PM

Can anyone advise on the effect of Pension Credit Guarantee PCG Severe Disability (SDA) Addition as a gateway protection.

Does SDA allow for new applications of Legacy benefits as SDP does? Is there any guidance available on this or any caselaw?

Pension Credit SDA is not referred to in the regulations. https://www.legislation.gov.uk/uksi/2019/10/contents/made

I was trying to think of situations where this might be an issue.

Consider single pensioner with qualifying disability benefit in receipt of Pension Credit with SDA.
Forms a relationship with working age partner who also has a qualifying disability benefit but is not in receipt of any means tested benefits due to savings in excess of £16,000.
What is their new benefit situation? A new mixed age couple has been formed and without the SDP Gateway protection this normally results in having to claim working age benefits.
I fear that the older party loses their Pension Credit even though there would otherwise be entitlement to double SDA and they cannot claim UC because over savings limit.
Please someone contradict me.