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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

IS with SDP stops as entitlement to CA stops - claim UC?

VLMS
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Grwp Cynefin Welfare team

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A mother with PIP enhanced DL and Standard Mob is carer to son with DLA - so claims IS, SDP and CA. Son turns 16 and fails his new PIP claim assessment. Mother’s CA and IS and SDP stop. Is her only option to claim UC?

HB Anorak
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She cannot claim UC if it still less than a month since IS ended and she continues to meet the SDP conditions herself.  Instead, she can claim whatever alternative DWP benefit is appropriate to her circumstances - probably ESA.

Most users of this site would say that she could also, if she has any savings or feels able to hold out PIP only for a while, wait for her son’s PIP appeal inevitably to succeed and then have IS reinstated (she would need to submit an in-time MR and ask for it to be left undecided for the time being), but DWP seems to think that a decision ending IS can never be revised on the grounds that the person receiving care has won their PIP appeal.  It would therefore probably require a second Tribunal and a very long delay.  Claiming ESA now might be the more practicable option.

VLMS
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Thanks for this. To make matters more complex - she states that she does not have a live claim for Child tax Credit - was told she couldn’t as she had Income Support. I am assuming its a very old IS claim from when her son was born and she was a single parent. She has two children ages 8 and 16 - both in education so is entitled to CTC. Can she make new claims to CTC now??

HB Anorak
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Yes, and on the assumption that she is one of remaining handful of people who never migrated to CTC and was getting child allowances in her IS then the holding-out-for-the-son’s-PIP-appeal option is probably not realistic and she needs to get money coming in now. I would for new ESA and CTC claims, within a month of IS ending.

VLMS
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Great - I didn’t know a new CTC claim was possible! Are HMRC quite open to new claims? Just that she has a learning dis and struggles to advocate on her own behalf. Thanks

HB Anorak
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Evidence of IS including an SDP within the past month is what she needs in order to get HMRC to accept the CTC claim.  Someone else might have practical tips on how to make this go smoothly

Ianb
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Is there Housing Benefit claim in place too or does she not need help with rent?

Vonny
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is there a reason why her sdp ends? it is not the 16 year old son as he is under 18, therefore as she gets pip daily living the gateway should still apply

HB Anorak
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Leaving aside possible ongoing HB entitlement, the SDP ends because the IS award of which it was a component ends altogether - the branch falls with the tree as it were.  You cannot have an SDP without a “live” benefit award.  The end of the IS award starts the one-month countdown before the SDP protection expires.

Ianb
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Vonny - 23 November 2020 02:02 PM

is there a reason why her sdp ends? it is not the 16 year old son as he is under 18, therefore as she gets pip daily living the gateway should still apply

If the entitlement to IS ends then the SDP will end with it. That’s why I asked if HB is in payment because that would still include the SDP which would be clearer. Otherwise, as others have said, a claim for legacy ESA needs to be made asap to fall within the one month period.

VLMS
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This client independently made a UC telephone claim. I am now trying to get this closed as she should NOT have passed through the gateway. A UC call handler advised that there is no SDP as the IS claim has closed as has HB on claiming UC. I am desperately trying to get hold of a Partnership Manager to discuss. The client will be worse off - Will she get Transitional Protection in this situation?