Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Transitional SDP query

CA Adviser
forum member

Citizens Advice Calderdale, West Yorkshire

Send message

Total Posts: 85

Joined: 27 September 2011

Hello
Client is on UC with the LCWRA element. Have just established that he claimed UC in 2018 after his PIP DL award was removed on review so he had no SDP in his income-related ESA at the date of claim. It turns out that he was successful at appeal and the DL component was reinstated and backdated to 2018. He was not paid any arrears of the SDP by ESA. We are trying to chase this up. He would appear to meet the criteria for the transitional SDP in UC according to CPAG 21/22 p27-28 but Memo ADM 15/19 states that on the date the DM considers whether a determination about a transitional SDP payment can be made, the claimant must continue to be entitled to the DL component of PIP. Cl is not currently in receipt of PIP as although he sent in his PIP2 on time, he has not received a new decision before his old award ended in May.
Does he need to wait until PIP DL is back in payment before he asks for the transitional SDP to be included in his UC award? Think the sun is addling my already somewhat addled brain….
Many thanks in advance

[ Edited: 20 Jul 2021 at 04:40 pm by CA Adviser ]
Elliot Kent
forum member

Shelter

Send message

Total Posts: 2154

Joined: 14 July 2014

You are saying then that he was initially getting PIP and SDP but this stopped and he successfully appealed, so once all ducks are in a row, he will have been an SDP claimant at the point of conversion to UC. There has then been this separate issue in that his old award of PIP has run out, albeit he has made a re-claim before the end of that award which is still awaiting determination. Is that it?

If so then yes, assuming that PIP DL is awarded on the re-claim, he will be entitled to the SDP compensation. The re-claim will pick up where the first claim left off and there will be no break in the continuity of PIP entitlement.

CA Adviser
forum member

Citizens Advice Calderdale, West Yorkshire

Send message

Total Posts: 85

Joined: 27 September 2011

Yes, thanks Elliot, sorry if that wasn’t clear. I wanted to confirm that he needs to wait for PIP DL to be awarded on review before he can ask the UC decision maker to consider the transitional SDP. His last PIP DL award was granted by tribunal after a year’s wait- so it could be a while.