Tribunal preperation for back dating of SDP

[caro50]

Hi All,

 

 

I am new to this forum, and I am currently going through the tribunal process with DWP and claiming of back dated SDP.

 

 

I know it is a long shot but

 

 

my son moved out jan 2013, and I genuinely never knew there was a SDP!!

seems you need to be in the know to be able to get this premium.

 

 

I made the Housing Benefit aware of the above changes, and thought no more of it,

until a friend of my father's asked me if I thought his award for benefit was correct,

they had overlooked his SDP when he was awarded PIP standard rate care,

and they had revised his weekly esa to include the extra 61.00,

 

 

he was given a back dated payment,

DWP told him it was a oversight DWP should automatically award this premium to anyone on Qualifying rates of DLA/PIP

which I am finding out more and more just does not happen.

 

 

.. anyway my question is,

 

 

at this stage in my tribunal it is still evidence collecting and DWP responding to what I submit,

they use all the rules and regulations which I am lost with,

 

 

I have been trying to find thru gov.uk website these files but I can not seem to find what I need,

 

 

I have had someone quote me reg 6 (2) (e) which apparently I should include this as a response,

also the fact that the rules and regs they are quoting only pertain to Benefit not a premium which sdp is..

 

 

..if anyone can help me find the reg above or explain if it is still current,

 

 

I would be most grateful,

 

 

the 2nd part of this is I completed A questionnaire which I was asked to submit before jan 8th 2014,

this form obviously gave my circumstances as at that point a year after son left home,

and I ask for a explaination why the ESA was not back dated to when I applied,

as with most benefits this is what happens,

 

 

their response was well in a nutshell I was on a migration from one benefit to another

and this is not treated the same? and spewed a lot of regulations in the response.

 

 

I feel they have roll out certain regulations to suit them and

I am always at a dis-advantage as I do not know the rules no one does apart from them,

 

 

wondering if me even fighting them is worth it as it is causing me a great deal of strain,

but its the principle of how certain people are treated in the benefits system,

 

 

I am mentally ill sometimes I feel I am being discriminated against,

like I should just accept what I am told and that's the end of it.

 

 

sorry for the ramlings but I find it so hard to put into words,

 

 

also my tribunal is being heard by letter as I am not able to attend hearing .

[speedfreek]

I think you are arguing that when you were transferred to ESA in Jan 14 the DWP failed in it's duty to consider your circumstances fully.

 

So although you failed to notify a change or circumstances in Jan 2013, the form you handed in in Jan 14 was effective notification and SDP should be awarded from that point.

 

SDP is not "back dated" as such it is paid from the point you became eligible no matter how far back that was. Basically if the DWP fail to investigate or fail to award then it's the fault of the DWP and thus maladministration.

 

Except...... where a change of circumstance that would make you eligible for SDP is not notified to the DWP. Here it is only at the point of notification of that change SDP is paid from.

 

The rightsnet forums would be a good place to have a look on and this thread has some links in it to the failure of the DWP to consider all the evidence in ESA conversions

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436493-ESA-missed-out-Enhanced-Disability-Premium-can-I-reclaim-backdate

 

I haven't a clue if that would be from the point you returned the form or the date of the conversion decision?

[caro50]

Thank you speedfreak , that is it in a nutshell, sorry I do not find , finding the words as well as you do, I will browse the link you posted. thank you for your response it is most appreciated.

[caro50]

Hi Speedfreek, just thought I would let you know as you were kind enough to reply to my post, I have today just received Tribunal Decision, they have awarded me SDP from 9th jan 2014 . So I will be getting it back dated to at least the date I informed them in my medical questionnaire a bit of good news, thanks once again for your kind help.

[speedfreek]

Now that's what I call a good Christmas present!

 

Congratulations and well done you

 

It is really a good and fair result

 

The only extra you might have gotten would be an extra 3 months of SDP - this wouldn't have been the failure of the DWP to award (which you've rightly won) but you trying to argue (as well as that) your failure to notify. A failure to notify !, is a back date of the decision to award and is... 1, for a max of 3 months 2, hard to argue 3, you'd be out of time to apply for 4, a lot of effort for little gain in this case.

[caro50]

Yes Thank you Without your help I would not have found the links or the words to put my case over, and yes a lot of effort and sending copies of documents I always keep just in case (annoying others lol) but I keep paperwork just in case, and it paid off too. I rarely argue a decision, just accept as I am grateful we do have a welfare state to help us when we are in need. But I felt justified. I will when I receive payment make a donation for the help the forum gave me. so thank you again speedfreek