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SDP under UC?
I should know this one but for some reason I can’t get my head round it this afternoon.
Client moved area on 29th October 2018. She had to claim Universal Credit from being on ESA with SDP, (gets HRC DLA with no carer/lives alone). Under UC she lost SDP.
Will she be covered under the new legislation and get SDP reinstated?!
No because the sdp gateway only applies from 16/1/19 - however when the draft managed migration regs are passed then she should qualify for restropsective protection under those - tho it may not fully compensate depending on her circumstances - there’s more on it at https://www.rightsnet.org.uk/forums/viewthread/13872
Google brings up this HoC briefing in early March.
https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8494
At that stage they had the draft regs but they had not been officially passed into law by parliament.
My understanding is that this remains the case and that the draft regs are among what I imagine is a whole raft of legislation in all sorts of areas that has been put on the back burner whilst the politicians have been trying to sort out Brexit.
That is my understanding anyway - just had a client in a similar situation and I was going to put up my own post to double check that my knowledge/research is up to date.
The draft regs should be passed and come into force before July as they cover the regs for the managed migration pilot which is due to start then