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HB with SDP
Hi all
I have a client who became eligible for an SDP at the same time as she had a change in circs for her WTC claim. She first approached us when her partner moved out of the property and into a hospice due to unfortunately aggressive terminal condition. At that time she was receiving HB and WTC+CTC as well as DLA for herself.
Unfortunately the condition progressed quickly and her partner passed away and we did not hear from her for a few weeks. She has since come back to us after the funeral and told us that due to the change in circs her WTC+CTC claim has stopped and HMRC have advised her to claim UC.
However, would it be possible to claim an SDP on her HB from her local authority, and then reclaim her WTC+CTC? I would have thought so, but honestly all the SDP claims I have done before have always been attached to IS or IR-ESA using an IS10, not HB and contacting a housing benefit team at the local authority.
Thanks for any help.
Was the Housing Benefit in her name? If it was, then yes it is possible to get the SDP in her HB and then SDP protect her from a UC claim.
Practically, I would write to the Housing Benefit department and outline how she meets the criteria and requesting that it is inputted into the claim.
Hi Kit
Yes you’re right to think this is possible, I’ve done this before but mainly relied on a fruitful relationship with HB decision-makers/appeals officers in relevant LAs.
I’d write a letter (email) requesting supersession ASAP. Upon doing this you can reasonably argue your client is already entitled to SDP, given that SDP gateway conditions are *entitlement* to SDP and not *in receipt of* it. Therefore any application to UC should not lawfully be accepted, and yesterday DWP said they were in fact now working to return claimants to legacy benefits who had slipped through by mistake.
If all else fails, don’t forget that the DWP has committed to transitional payments for UC. But income would still presumably be less than under TCs.
Thanks for the quick response Rebecca, that’s exactly what I was looking for. I believe she has the housing benefit in her name but I will double check that.
Cheers too Greg, hoping to get an email sent out by the end of the weekend so fingers crossed.