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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

SDP transitional payment

CA Adviser
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Citizens Advice Calderdale, West Yorkshire

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I posted this on an old thread then realised it may not be seen, so reposting on a new thread.

Client is currently in receipt of cbESA with the support component, claiming since 2007 so definitely contribution-based rather than New Style. She is also in receipt of standard rate daily living and enhanced rate mobility components of PIP. At present she is living with a partner in full time work and no one is claiming CA in respect of her. They are thinking of separating- partner will move out.
She will need to claim UC for housing costs. An option would be for her to ask for her ESA award to be revised to include the SDP and EDP as soon as he moves out as she will meet the criteria. She could then claim UC for housing costs and have the transitional SDP (£120) included from the start of the claim and get the two week run on of income-related ESA (this would be minimal (£14pw) as she also has a private pension).
Is this correct? If so, how long would she wait before making the UC claim to minimise the amount of UC she misses out on? UC entitlement will be around £100pw.

Thanks in advance for any thoughts.

Elliot Kent
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In theory it would just require a day’s entitlement to irESA with the SDP before claiming UC. Even if that were only recognised after the fact, it would be sufficient.

In practice, cutting it that fine creates risks of things going wrong. These risks could be reduced by waiting until the claimant actually receives a decision notice confirming their updated entitlement.

There isn’t necessarily a right or wrong time to make the switch - it depends to some extent on whether your client is content to lose out on some housing costs for a couple of weeks in order to avoid the chance of something going awry.

CA Adviser
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Citizens Advice Calderdale, West Yorkshire

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Thank you Elliot. I have been trying to post a thank you since your reply but there’s been an error with the site and it hasn’t allowed me until now!

Owen_Stevens
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Hi both

Would this help?

This is a supersession carried out on the ground of a change of circumstances taking effect in accordance with reg.7(2)(a) SSCS (D&A) Regs.  7(2)(a) is subject to sch.3C of those regs.  Sch.3C states that where the amount of ESA payable changes due to a supersession on the ground of a change of circumstance then the superseding decision takes effect from the first day of the benefit week in which the change of circumstance occurred.  I don’t think para.2 of sch.3C is a problem as that just relates to the supersession ending the award.

If the first day of the benefit week (reg.2(1) ESA Regs, I think determined acording to the pay day?) precedes the date of the UC claim (which it might not) then that would mean that this obstacle is overcome.

Of course, that doesn’t help with speed of processing

CA Adviser
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Citizens Advice Calderdale, West Yorkshire

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Sorry to reopen this thread but a further question based on above…

If a client’s partner moved out in September, meaning that the cl had entitlement to the SDP for the period from then to date, am I right in thinking this should mean that she can phone ESA and ask them to take the application for the SDP over the phone, then go ahead and make a UC claim without waiting further? She could wait for a very very long time to receive a written confirmation that the SDP is actually in payment.

Many thanks

Elliot Kent
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I don’t think there is a problem with the principle of that, but - all things being equal - I would think there is less prospect of something going wrong if the SDP is clearly in payment before the UC claim is made.

CA Adviser
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Thanks Elliot.
I agree, but cl does not want to wait to make a UC claim; quite reasonably she wants to have the housing costs element and child responsibility elements in payment asap. She has enduring mental health problems and says she couldn’t cope with going for potentially weeks without help with the rent. Trying a supersession request immediately before making the UC claim at least gives her a shot at arrears of the SDP and the transitional SDP amount.