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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

entitled to an SDP but partner moving in

Liam C
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Welfare rights adviser - Drumchapel Citizens Advice Bureau

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Joined: 29 January 2019

Hi

Client on ir-ESA was awarded PIP DL on 2/10/2019.
However, this month, the client’s partner is moving in (it is not clear on exactly which date).
He works full-time, earning £1000pcm.
The Jobcentre have told the client that she should make a joint claim for UC.
The client made her part of the claim on 15/18/19 and the partner intends to complete his part asap.

The SDP gateway says that

“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; and
(b) in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”

So with (a) the only issue is that the existing benefit (ESA and HB) didn’t yet ‘include’ an SDP. However I understand that this can be applied for.

With (b), am I right in thinking that on the date of the UC claim, if the client’s partner has already moved in, then the client no longer satisfies the conditions for an SDP, so the gateway does not apply? What if the partner hasn’t already moved in? Could they have made a joint application for Tax Credits instead?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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I don’t think the joint TC claim is a goer as the partner must already be living there.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Deleted after having second thoughts!

Elliot Kent
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Shelter

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Getting the SDP put into the ESA up to the move in date shouldn’t be too tricky. But once the partner moves in,  the irESA entitlement ends altogether (partner in remunerative work) and therefore (a) falls away as your client would not be a current claimant. (b) could only operate if your client was getting irESA in the past month - which is the case - and continues to meet the qualifying conditions - which isn’t the case as she now has a partner. So I don’t think either applies.

We assume from your post that the goal is to avoid UC, but I wonder if that is even a worthwhile goal to begin with? I haven’t done the sums but my guess is that there is a good chance that UC works out at least equal to, if not more than, the relatively small amounts of WTC and HB which they would have gotten under legacy?

[ Edited: 18 Oct 2019 at 01:45 pm by Elliot Kent ]
Charles
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Accountant, Haffner Hoff Ltd, Manchester

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I wouldn’t like to try this, but you could argue that as technically the HB award with the SDP continues until the Monday after he moves in, a claim for tax credits should be allowed in those few days.

Liam C
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Welfare rights adviser - Drumchapel Citizens Advice Bureau

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Hi

Thanks for these replies.

Yes it’s clear to me now that as soon as she has a partner (who doesn’t receive a qualifying disability benefit) she ceases to fulfill the criteria for an SDP. And thanks Charles for pointing out the small window potentially provided by the technicality in the housing benefit award, i agree that it would be daunting to try that one!

In terms of the goal, yes it was partly to see if UC could be avoided and partly out of interest. I wasn’t able to determine whether she was better off on legacy benefits or UC, as my calculations suggested this depended on details about her ESA award she couldn’t give me, such as whether she was in WRAG/Support, and (i think) whether there was a contributory part too.

Liam

gw
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Glasgow West Housing Association

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could they claim 4 week HBRO then as no UC will be due?

just report change of circs to HB/CTR and withdraw ESA claim?

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Not starting work or increasing hours so no HB run-on as far as I can see.