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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

SDP backdate

VRW
forum member

Livin Housing

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Total Posts: 61

Joined: 25 November 2019

Hi guys

im sure im right but you know when you start to self-doubt

so tenant is SRA she received her SRP in february 2020 we applied for Attendance Allowance in February she was awarded this in April but due to Covid (i hate that excuse) didnt notify me until June 2020 (her GPC added the SDP on and backdated to february when AA was awarded from)

she has her adult daughter in the property who is in receipt of irESA SG and PIP - tenant has the UE2CA and has the CP on her pension credit.

we completed the SDP form for her daughter in July and they have awarded the SDP but only put this on from July they state that they can only do this from july and not february as we only put the form in in July?!?!

now as far as im aware they should be backdating the SDP to february when AA was awarded as thats when she was eligible for this - im going to put in an MR but am i right should the SDP be backdated to February?

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

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Total Posts: 2906

Joined: 12 March 2013

Yes, this is covered by Regs 6(2)(ee) and 7(7) of the 1999 D&A Regs: there is no mention of any time limit for the ESA claimant to report the non-dependant becoming entitled to AA.