SDP in HB to UC HELP!

Have a sore head with this one looking for help and to see if I have missed anything before calling them back?

Couple under RP age both disabled both on PIP Daily Living and have been for years they live alone.

Both have CBESA (£113.55 each) his is new style hers is over 10 years old so old style.

He also has Occ pension at about £50 weekly

Asked about Carers Allowance and seemingly they both previously tried and got the overlapping award letter.

They were in supported housing and on HB until October 2018 when they were moved to a new bungalow, at this point they were advised to claim UC to help with their new rent, still on UC now but only get £90 monthly payment towards the rent part.

They have spoke to UC about compensation payment as they have never had any contact from DWP about this, although they have asked been told they were allowed to claim UC in October 2018 but the law changed Jan 2019 so they were not covered or due any extra compensation payment from UC.

Q:

Are they due the extra compensation in their ongoing UC award?

Can they shut down the UC claim and then allow her to add Income Based ESA with an ESA3 form to her old style ESA award?

If they can shut it down and go onto IBESA will they lose any compensation due for the UC award period since October 2018 due to the loss of the double SDP?

If they stay on UC and get compensated would they also get compensated for the loss of the double Carer Premium that was also in the previous HB award in October 2018 before moving to UC?

If I have read it right, which is by no means guaranteed, Article 10(1)(b)(ii) of the No 9 Order converts her old-style ESA to new-style ESA which means there is no way back.  For them I think pursuing the SDP compensation payment is the best bet, which means establishing that they were entitled to a SDP in one of the legacy bens before they claimed UC.

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HB Anorak - 01 May 2020 02:41 PM

If I have read it right, which is by no means guaranteed, Article 10(1)(b)(ii) of the No 9 Order converts her old-style ESA to new-style ESA which means there is no way back.  For them I think pursuing the SDP compensation payment is the best bet, which means establishing that they were entitled to a SDP in one of the legacy bens before they claimed UC.

Why do they not just say in plain English what these reg mean as after reading the above it could just apply to her capability for work and leaver her on Old Style ESA, but again you could and may well be right.

I will keep looking as I have to call them tomorrow.

Thanks for both answer as well.

Worth pointing out that an SDP within HB does not give entitlement to the SDP compensation payments. They would have to establish entitlement within her ESA award.

Also, it doesn’t make a difference, but what actually converts the old-style ESA to new-style is Art. 4(2)(a) of the No. 9 Commencement Order, and the equivalent in later Commencement Orders.

Originally, an old-style ESA award which had been converted to new-style through the above provision, would convert back once the UC award ended, but they amended the No. 9 Order to insert what is now Art. 4(9)-(10) to stop that happening. Subsequent Commencement Orders refer to those provisions and apply them to those Orders too (although there is an error in that some don’t refer to Art. 4(10) at all).

See also ADM V8040.

Thanks to all, it looks like they are well over £200 weekly down including the extra rent they would have got on IBESA if it had been claimed at the time compared to existing UC with zero compensation.

One final question they do not have any Carer Element in UC, remembering that both have CBESA with the LCWRA addition in their existing UC award, I know Carers Element is not payable to the same person who has entitlement to the LCWRA addition in UC, so if I find out which one has the LCWRA addition in UC can the other then ask for the Carer Element to be added or again are they stuffed as both have LCWRA due to CBESA and Support Group?

You certainly can get the carer element included.
See para (4) here.

Thanks Charles a very small amount of good news when I call them tomorrow.

Hello Bigbill

Just to add regarding the carer’s element, I’d be trying to argue that the carer’s element should be backdated to the beginning of their claim - particularly if they’ve had underlying CA entitlement since day one of the UC claim. In my experience, it’s very common for the DWP to omit carer’s elements - I’ve had numerous cases where even claimants actually getting paid CA aren’t getting the carer’s element on their UC claim.

My suspicion is that the DWP will probably just add it from this assessment period if not prompted to do otherwise. Certainly worth looking at.

Good luck

Alex

Thanks to all Carer Element to be added if not there already.