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Can you revise past ESA award to include SDP?
I have a client who was on Income Related ESA and PIP daily living. She would have been entitled to SDP following the award of PIP but wasn’t aware of it. She moved local authority area last May and had to claim UC for housing costs. If she had had the SDP in her ESA then she would have got the Transitional Element in UC. It seems a long shot but is there any way of getting the ESA award revised to include the SDP (even though the claim terminated and correctly so), so that she gets the underpayment of SDP and the transitional element in UC?
Provided she met the other criteria, yes, the SDP should be included from the start of the PIP award date, and the TP element from the start of UC claim.
Your argument would be that on award of PIP DWP had all the necessary information to determine that the SDP should have been included.
Request “any-time” revision of the ESA award (to include the SDP), on the grounds that DWP failed to act on relevant information (PIP award), which was available to them.