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Another SDP question

Rachel1
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North East Law Centre, Newcastle upon Tyne

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I have a lady who is on ESA and PIP and was receiving the SDP through ESA.
She had a PIP review and is waiting for the results which, as you know can take up to 8 weeks.  Her SDP has been taken off her ESA.  Her daughter rang the inquiry line and they stated that it was because they were waiting for the result for PIP.  Is that right?! I’ve never heard of that before.  It seems unfair as she is still receiving her PIP while waiting for a review result so why should her SDP be taken away.  I’ve asked her daughter to ring again and clarify this because it doesn’t sound right or seem fair.  Does anyone know anything about this? 

Thank you in advance and apologies if I’m not able to be clearer, I have only briefly spoken to the client as she does not really understand any of it and am speaking to her daughter.

Daphne
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Has the old PIP award come to an end before they have made a decision on her new claim? That would be the only reason I would see for her SDP to stop. That is happening a bit with Covid delays…

Rachel1
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Daphne - 27 April 2021 04:34 PM

Has the old PIP award come to an end before they have made a decision on her new claim? That would be the only reason I would see for her SDP to stop. That is happening a bit with Covid delays…

I thought that may be the case too but I’ve just had an email from the client’s daughter and she says that she called the ESA line and they said “it is normal and correct that they deduct her disability premium whilst her PIP is being reviewed.”

I have never heard of this before and it is very concerning! 

There are further complications to this now as well as she is just about to move - if she does and has to go onto Universal credit while her SDP is not being paid I wonder if they will recognise this once her PIP has been reviewed (if she still gets it!) and still give her the transitional payment?  I think I may have to consult a CPAG specialist

Ianb
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Rachel1 - 28 April 2021 01:18 PM

I thought that may be the case too but I’ve just had an email from the client’s daughter and she says that she called the ESA line and they said “it is normal and correct that they deduct her disability premium whilst her PIP is being reviewed.”

I have never heard of this before and it is very concerning!

That doesn’t sound right. If the PIP is still in payment she is receiving a relevant benefit and the SDP should be in payment too.

Elliot Kent
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Rachel1 - 28 April 2021 01:18 PM

I have never heard of this before and it is very concerning!

Whilst one would never want to accuse one of the good people on the ESA helpline of having taken a wild guess at something in order to blag their way through a phonecall, Occam’s razor does apply.

Rachel1 - 28 April 2021 01:18 PM

There are further complications to this now as well as she is just about to move - if she does and has to go onto Universal credit while her SDP is not being paid I wonder if they will recognise this once her PIP has been reviewed (if she still gets it!) and still give her the transitional payment?  I think I may have to consult a CPAG specialist

If she claims UC before the PIP entitlement is resolved and she is subsequently found to qualify for PIP and therefore the SDP within her ESA, then she would qualify for the SDP compensation. In those circumstances she would probably want to get the SDP sorted out within the historic ESA award first so that the system recognises her as an SDP transfer.

Rachel1
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Elliot Kent - 28 April 2021 01:43 PM
Rachel1 - 28 April 2021 01:18 PM

I have never heard of this before and it is very concerning!

Whilst one would never want to accuse one of the good people on the ESA helpline of having taken a wild guess at something in order to blag their way through a phonecall, Occam’s razor does apply.

Rachel1 - 28 April 2021 01:18 PM

There are further complications to this now as well as she is just about to move - if she does and has to go onto Universal credit while her SDP is not being paid I wonder if they will recognise this once her PIP has been reviewed (if she still gets it!) and still give her the transitional payment?  I think I may have to consult a CPAG specialist

If she claims UC before the PIP entitlement is resolved and she is subsequently found to qualify for PIP and therefore the SDP within her ESA, then she would qualify for the SDP compensation. In those circumstances she would probably want to get the SDP sorted out within the historic ESA award first so that the system recognises her as an SDP transfer.

Thank you.  If there are any complications I should be able to argue that she should be entitled but its a faff that the client shouldn’t really have to go through!  I’ve asked her daughter to now triple check that she is definitely still getting PIP by looking at her bank statements as it all looks very fishy, judging by the other replies I’ve had too.  Thanks again!