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

SDP start date

LibraryNerd
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Bassetlaw Citizens Advice

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Total Posts: 14

Joined: 9 August 2022

Hi folks,

I’m supporting a client whose partner was in receipt of Carer’s Allowance for him. She moved out of the property and stopped caring for him in November 2022, leaving him with the kids. He informed ESA of this in late November/early December and asked for SDP to be added to his claim. He claimed UC in December 2022 to get money for the children.

I’ve just contacted ESA and they have the Carer’s Allowance recorded as stopping on 12th Feb 2023 and 13th Feb 2023.

Is there any way to get the SDP Transitional Element included in his Universal Credit?

Elliot Kent
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Shelter

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Total Posts: 3141

Joined: 14 July 2014

It may be that the Carers Allowance did stop in February; but you are saying that the entitlement to it stopped in November which is when the caring stopped. That she continued to receive it is because she (presumably) didn’t tell CA that she was no longer caring for him.

The conditions of entitlement to the SDP are based upon someone being entitled to CA in respect of the claimant. As there is no entitlement for the period in question, the SDP should be awarded at least for the short period before the UC claim. That is then sufficient to engage the SDP compo.

DWP process is that if your client claims that he was not being cared for during some part of the CA award, this should be referred to CA to investigate (see DMG 44157-8) however if this doesn’t happen, I don’t see why you couldn’t appeal and invite the FtT to go behind the CA decision making.