Severe Disability Premium...Help please

[Mackydees]

Hi,

 

 

I found out yesterday,

after ringing to find out about cold weather payments,

that I may be entitled to the Severe Disability Premium.

 

 

I'm currently receiving long term incapacity benefit,

get the middle rate of the care provision of DLA

and also the lower rate of the mobility portion.

 

 

Nobody receives the care allowance for me and I live on my own

so apparently I tick all the boxes for it so was advised to make a claim.

 

 

I made a claim yesterday only to be told that I can only ask for it,

because of something to do with Income Support (which I've never had),

to be backdated for one month

however apparently I've been entitled to it since Feb 29th 2008.

 

 

Now this is a lot of money that I've missed out on and I would like some help finding out if it's possible, or if there are any precedents, for getting it backdated from the day I was entitled to it.

 

Thanks in advance,

Macky.

[adamrao]

Mackydees

 

The good thing is you have applied for SDP and soon you will be getting it on the top of you your Incapacity Benefit (in shape of income support).

 

Now the backdating: I am afraid you won't be able to get it from Feb 2009. The maximun backdating you can ask for is 3 months but for that you will be asked to show a good cause why you were not able to apply for SDP in the first place. Below are some of the reasons which DWP may consider as one of the 'good reasons' and award you 3 month backdating:

 

1. you were given wrong/incomplete info or advice by DWP officer.

2. You were given wrong/incomplete info or advice by Welfare Rights/CAB/solicitor/professional advisor

3. You were given written info by your employer (or previous employer) about your income or by you bank about your saving and capital which made you think your claim wont be accepted.

4. Due to bad weather

5. Due to sickness or disability

6. learning diffculty or language problem

7. you were caring for disabled

8. domestic emergency which has affected you.

[Mackydees]

Many thanks for the reply...I have found this though after trawling the net re backdating of SDP:

 

Mr M was awarded Income Support in April 2005.

He then made a claim for Disability Living Allowance and was awarded middle care and low rate mobility in July 2005 (backdated to April 2005).

 

 

There had been no other change to his circumstances, other than the Disability Living Allowance award, since he made his claim for Income Support.

 

As Mr. M was living alone and no one was claiming Carer's Allowance

he was also entitled to a Severe Disability Premium and a disability premium.

 

 

Falls DHSS paid him the Disability Premium but apparently as Mr M did not return the IS10 that was sent to him they did not pay him the Severe Disability Premium.

 

 

When Mr. M changed address in 2006 the clerk at DHSS noticed that a Severe Disability Premium should have been awarded.

 

When this was applied for and to be backdated

the Department refused to backdate and quoted Regs 19 which deal with backdating of a benefit, not backdating of a premium.

 

 

They were wrong as Severe Disability Premium is a premium, not a stand-alone benefit that some-one claims.

 

 

Our Representative took the case to tribunal and provided the correct legislation that the Department should have used.

 

 

Unfortunately, the tribunal ruled against him taking the Department's side.

This was an error in law and the case was sent to the Commissioner.

 

 

The Department looked at the case again and admitted that they had got it wrong and that the tribunal had got it wrong also.

The Commissioner however did make a full decision, as he wanted to clarify this type of situation.

 

 

The Department stated that they would make this clearer in their training program and also to their Decision-makers.

 

 

This is now part of NI legislation and can be now used in any further cases.

The client was paid back £4,443.73 and we also managed to negotiate further compensation for loss of interest and stress caused.

 

 

If this is part of NI legislation can I use it at all in England?

[loopinlouie]

I was only last year was paid a years worth of disability premium and got it. I had an appointment with welfare rights whose word were you should have been allocated the dsa and sdsa. No one had told me of this benefit and unless dwp would tell me I wouldnt have know. She rang the dwp who sent a form and she and me filled it in and she sent it off. I heared nothing and was told I was getting all entitled to by dwp, so I left it after all who am I to argue them.

 

Had another appt with welfare rights who asked about the sda they had filled in for me and told what had been told. She was obvously annoyed and called dwp there and then. Was told I had to refill in form and she did it again and she sent it off.

 

Time later heared nothing and phoned dwp who told me again getting al entitled to, but this time I recorded the call. I then rang back again and was told the forms were not received by them and later told they did have them and record of welfar rights ringing them, recorded the call.

 

I was told they would start paying the money and I asked about back moeny and was told they didnt know. I said as I have done all should and given varying advice surely they could see I could have been as I said told all getting was correct months before and welfare rights picked up on it and I had received no warning I was missing out till then.

 

Called me back later and lovely woman told me a mistake had occured or along the lines and within days got the money.

 

I learnt a long time ago to record calls not to try and get people in trouble as I felt bad doing it, but for the fact I have a bad memory and tend to trust advice given. Someones well meaning help, but turns out to be a mistake can cost us dearly when on benefits, so sometimes it is necesary to record.

 

Visit welfare rights and tell them when you were first notified of entitlement to it and see if they can help, they are a gem. Obviously if dwp have made no mistake they only pay as in the rules, but if they have they can backdate it for a year, they did for me.

[adamrao]

Dear Macky

 

Sorry I came up with less optimistic answer. In Mr. M's case he made the claim for original benefit (income Support) in April 2005. In his case he was entitled to the full backdating because he did make a claim for 'original benefit' in the first place. If you were (and still are) getting IB and you never made a claim for Income support (on the top of your IB) in Feb 2009 then the backdating will be considered only for the max of 3 months time.

 

The thing is DWP should have advised you to apply for SDA when you were awarded middle rate care and you satified the other SPD conditions. (I know I know now my fellow forum memebers would say TELLING PEOPLE WHAT TO CLAIM ISN'T DWP JOB - well I disagree: my own opinion though).

 

 

A person may be entitled to premiums of income support which depend on decisions about the orginal passport benefit (income support). For example, A person should be advised to claim the original benefit even if s/he needs the premium included in her/his applicable amount in order for this to exceed her/his income. If the passport benefit is subsequently awarded, the claimant should ask for any award of the premiums to be reconsidered. S/he can receive arrears back to the date when s/he claimed the original benefit or the date on which her/his passport benefit award began, whichever is later.

If there is no existing award of the original benefit, the client should make a second claim within three months of the passport benefit decision, and this can be backdated.

Edited February 2, 2010 by adamrao
tyyyppooooo

[Mackydees]

Actually as you've mentioned above re not being DWP's job to tell people what to claim (why shouldn't they after all?)

 

 

someone has pointed me towards the Hansard debates 20th April 1994 and apparently this is still valid today:

 

The Secretary of State for Social Security has asked me to reply to your recent Parliamentary Question in which you enquire about suggestions that Benefits Agency customers with entitlement to a severe disability premium (SDP) have not received it due to a computer error.

 

I would first of all like to explain that the problem did not arise from a fault with the Income Support Computer System (ISCS).

It has always been possible to include the SDP in system produced payments of Income Support if entitlement existed.

 

 

The problem arose because the complexity of the criteria necessitated staff making further enquiries in cases with potential entitlement.

 

This was because it was not possible to obtain all of the information to determine entitlement on the intial Income Support claim form ;

inclusion of all the relevant questions would have increased its size and complexity unacceptably,

particularly for the majority of customers from whom the information was not required.

 

 

Inevitably potential entitlement was sometimes overlooked, further enquiries were not always made and as a result some awards of the SDP missed.

 

In order to improve the initial consideration of claims a change was introduced to the ISCS on 13 December 1993.

It will now identify a case with potential entitlement to the SDP as claim details are entered and issue an appropriate enquiry to the customer, removing the need for staff to do this.

 

 

Similarly, potential entitlement is also identified when reviewing existing cases.

 

Corrective action has been taken on all cases identified and full areas have been considered and paid as appropriate.

Arrears are considered for any past period since 1988, when the premium was introduced, in cases where the award of the SDP was appropriate.

 

 

We are considering what further action may be necessary to establish the extent of the problem and identify any further cases which may not have been correctly awarded the SDP.

 

 

If any are identified enquiries will be made before they are referred to the adjudicating authorities who will consider whether, and from when, the SDP can be paid.

 

I should explain that all claims to social security benefits are decided in the first instance by an Adjudication Officer who applies statute and caselaw to a customers circumstances before making a decision about entitlement.

 

 

If a person disagrees with their decisions they have the right of appeal to the Independant Tribunal Service.

There is a further right of appeal, but only on a point of law, to the Social Security Commissioners.

 

These authorities, appointed in consequence of an Act of Parliament, are independant of both the Department of Social Security and the Benefits Agency. Consequently no Government Minister or official can comment on their decisions or intervene in matters for which they are responsible.

 

I hope that you find this reply helpful.

 

I just wonder whether I can use this being on Incap Benefit?

Edited February 2, 2010 by Mackydees
wording

[MIKEY DABODEE]

Many thanks for the reply...I have found this though after trawling the net re backdating of SDP:

 

Mr M was awarded Income Support in April 2005. He then made a claim for Disability Living Allowance and was awarded middle care and low rate mobility in July 2005 (backdated to April 2005). There had been no other change to his circumstances, other than the Disability Living Allowance award, since he made his claim for Income Support.

 

As Mr. M was living alone and no one was claiming Carer's Allowance he was also entitled to a Severe Disability Premium and a disability premium. Falls DHSS paid him the Disability Premium but apparently as Mr M did not return the IS10 that was sent to him they did not pay him the Severe Disability Premium. When Mr. M changed address in 2006 the clerk at DHSS noticed that a Severe Disability Premium should have been awarded.

 

 

When this was applied for and to be backdated the Department refused to backdate and quoted Regs 19 which deal with backdating of a benefit, not backdating of a premium. They were wrong as Severe Disability Premium is a premium, not a stand-alone benefit that some-one claims. Our Representative took the case to tribunal and provided the correct legislation that the Department should have used. Unfortunately, the tribunal ruled against him taking the Department's side. This was an error in law and the case was sent to the Commissioner. The Department looked at the case again and admitted that they had got it wrong and that the tribunal had got it wrong also. The Commissioner however did make a full decision, as he wanted to clarify this type of situation. The Department stated that they would make this clearer in their training program and also to their Decision-makers. This is now part of NI legislation and can be now used in any further cases. The client was paid back £4,443.73 and we also managed to negotiate further compensation for loss of interest and stress caused.

 

 

If this is part of NI legislation can I use it at all in England?

,

 

Hi

Its good you are trawling the net looking for information on SDP

but this is nothing like your case unfortunately

 

You were awarded DLA in Feb 2008 to go along with your IB, then you should have made your claim to I.S.

 

You didnt know you could you may argue the department should have informed you, but how would we have known ?

DLA would not have informed IB, it doesnt effect the benefit.

If you were on IS then yes DLA would have informed them but you werent so the Department would not have known.

It would of been up to yourself to find out.

 

You have found out today and yes now you have made your claim, You do sound like you may be entitled and you have asked for backdating to FEB 2008, this may go to a DM but I would agree with Adam I think your claim will be backdated only for three months. which will give you a fair bit of arrears.

 

Now the case above its totally different to yours the customer was in receipt of the benfit IS, he received DLA which meant he was due more money, this can always be bakdated to the date of change.

Edited February 2, 2010 by MIKEY DABODEE

[MIKEY DABODEE]

Actually as you've mentioned above re not being DWP's job to tell people what to claim (why shouldn't they after all?) someone has pointed me towards the Hansard debates 20th April 1994 and apparently this is still valid today:

The Secretary of State for Social Security has asked me to reply to your recent Parliamentary Question in which you enquire about suggestions that Benefits Agency customers with entitlement to a severe disability premium (SDP) have not received it due to a computer error.

I would first of all like to explain that the problem did not arise from a fault with the Income Support Computer System (ISCS). It has always been possible to include the SDP in system produced payments of Income Support if entitlement existed. The problem arose because the complexity of the criteria necessitated staff making further enquiries in cases with potential entitlement.

This was because it was not possible to obtain all of the information to determine entitlement on the intial Income Support claim form ; inclusion of all the relevant questions would have increased its size and complexity unacceptably, particularly for the majority of customers from whom the information was not required. Inevitably potential entitlement was sometimes overlooked, further enquiries were not always made and as a result some awards of the SDP missed.

In order to improve the initial consideration of claims a change was introduced to the ISCS on 13 December 1993. It will now identify a case with potential entitlement to the SDP as claim details are entered and issue an appropriate enquiry to the customer, removing the need for staff to do this. Similarly, potential entitlement is also identified when

reviewing existing cases.

Corrective action has been taken on all cases identified and full areas have been considered and paid as appropriate. Arrears are considered for any past period since 1988, when the premium was introduced, in cases where the award of the SDP was appropriate. We are considering what further action may be necessary to establish the extent of the problem and identify any further cases which may not have been correctly awarded the SDP. If any are identified enquiries will be made before they are referred to the adjudicating authorities who will consider whether, and from when, the SDP can be paid.

I should explain that all claims to social security benefits are decided in the first instance by an Adjudication Officer who applies statute and caselaw to a customers circumstances before making a decision about entitlement. If a person disagrees with their decisions they have the right of appeal to the Independant Tribunal Service. There is a further right of appeal, but only on a point of law, to the Social Security Commissioners.

These authorities, appointed in consequence of an Act of Parliament, are independant of both the Department of Social Security and the Benefits Agency. Consequently no Government Minister or official can comment on their decisions or intervene in matters for which they are responsible.

I hope that you find this reply helpful.

 

I just wonder whether I can use this being on Incap Benefit?

 

 

This means basically there is not enough information on a new claim form to IS to see wherther a customer is entitled to SDP and the customer has to complete another form the IS10.

Once completed if entitled the customer can be paid if they qualify

Not relavant in your case.

 

 

To be honest I think its sad there are people like yourself who are due extra money and dont know they are entitled,

but the onus is on themselves to check

 

Adam has given you a list of reasons why backdating may considered, I hope you have luck, remember if they refuse you can appeal, but I would think they will only backdate twelve weeks

Edited February 2, 2010 by MIKEY DABODEE

[adamrao]

Mackydee - you can certainly try but I am afraid I don't see any happy ending to this as they would say 'Your were not on income support prior to your DLA award'. Have you thought about speaking to your MP ( I know from now on you won't take my words seriously:p).

 

All the best. By the way don't go anywhere there'll be more people coming with more useful info.

 

Adam

Edited February 2, 2010 by adamrao

[loopinlouie]

Sorry op mine was income support too. I didnt realise it was different when on incapacity benefit.

 

Always worth a visit once in a while to welfare rights, they are good on picking up on entitlements to what we have no clue of:)

 

Mikeys right 12 weeks if backdated for you is quite a bit

Edited February 2, 2010 by loopinlouie

[adamrao]

Yes loopinlouie your case is different because you were already on income support. Unfortunately it's not fair when the only income of household is Incapacity benefit.

 

Million dollar advice 'Always worth a visit to Welfare Rights'.

[MIKEY DABODEE]

Yes I agree with Adamrao you could see your MP and ask why the government doesnt do anything more to advise customers to what they can and cant claim.

 

And remember if you dont get backdating, ask for a recondisderation and if that fails, try to appeal, and if that fails then complain again to him.

Edited February 2, 2010 by MIKEY DABODEE

[Mackydees]

Thanks for the help and feedback all.

 

I think what riles me the most is that because my NI contributions were above a certain threshold I qualified for IB rather than IS and so have to check to see for myself what benefits I could claim rather than have a computer flag me as a possible candidate for these 'Premiums'. After a day's worth of trawling the web and getting lots of help from various forums (thanks very much people) I've managed to find out that the IS computer systems have been flagging potential IS candidates for any of these three premiums since 13 December 1993 but that IB claimants have been left out completely and as such I'm missing out on about £5000 worth of benefits...very irritating. I'm still at the early stages of this but because of groups such as MSE and CAG I've learned not to just roll over and accept this but rather to fight as hard and for as long as I can. After all they're saying no now and all that's going to change is I spend 6 months writing letters and still getting another no...no hassle for me really...I've got ALL the time in the world and I can only really gain.

 

And as for writing a letter to my MP well...he does have a surgery just round the corner from me next week so I may pop in and talk his ears off for twenty minutes or so!

[adamrao]

All the best mackydee

[MIKEY DABODEE]

Thanks for the help and feedback all.

 

I think what riles me the most is that because my NI contributions were above a certain threshold I qualified for IB rather than IS and so have to check to see for myself what benefits I could claim rather than have a computer flag me as a possible candidate for these 'Premiums'. After a day's worth of trawling the web and getting lots of help from various forums (thanks very much people) I've managed to find out that the IS computer systems have been flagging potential IS candidates for any of these three premiums since 13 December 1993 but that IB claimants have been left out completely and as such I'm missing out on about £5000 worth of benefits...very irritating. I'm still at the early stages of this but because of groups such as MSE and CAG I've learned not to just roll over and accept this but rather to fight as hard and for as long as I can. After all they're saying no now and all that's going to change is I spend 6 months writing letters and still getting another no...no hassle for me really...I've got ALL the time in the world and I can only really gain.

 

And as for writing a letter to my MP well...he does have a surgery just round the corner from me next week so I may pop in and talk his ears off for twenty minutes or so!

 

The IS computer doesnt flag this up, scans run to see if people on benefits like DLA and IS are getting the correct premiums but if your not on IS then unfortuntely you will not get picked up

All you cn do is fight, good luck, keep us posted

[Simon7685]

The annoying thing about these situations is that it is down to the individual to know what they entitled to and frem when they should get it. Given the minefield that is the benefits system and the fact that we are not the experts, you would think that common sence would prevail and people given what they are entitled to.

 

If I was you I would try and ask for it backdating, at the end of the day you have nothing to lose and a lot of money to gain:)

 

When I got my first DLA award I managed to get my DP backdated to the date of claim but I had to write and ask for it.

[Mackydees]

I agree and the more I think about it the more it gets to me. Benefits are there to help those most in need and it seems ridiculous to assume that those most in need know everything they may be entitled to. Why should anyone be denied something because of ignorance of anything that is essentially theirs by right. Since making this claim I've spoken to two people I know who are in a similar position to me (i.e. Incap Ben and either middle or higher rate of DLA care) and neither of them have heard of these premiums and yet provisionally would appear to fulfill the criteria necessary to benefit from this. Something fundamental really needs to change within the benefits system and I'm definitely not going to take this lying down.

[MIKEY DABODEE]

I agree and the more I think about it the more it gets to me. Benefits are there to help those most in need and it seems ridiculous to assume that those most in need know everything they may be entitled to. Why should anyone be denied something because of ignorance of anything that is essentially theirs by right. Since making this claim I've spoken to two people I know who are in a similar position to me (i.e. Incap Ben and either middle or higher rate of DLA care) and neither of them have heard of these premiums and yet provisionally would appear to fulfill the criteria necessary to benefit from this. Something fundamental really needs to change within the benefits system and I'm definitely not going to take this lying down.

 

 

I agree with you, ask for backdating and keep telling everyone you know who may be in a similar posistion.

[adamrao]

I agree with you, ask for backdating and keep telling everyone you know who may be in a similar posistion.

 

Can't afford to disagree:)

[MIKEY DABODEE]

Can't afford to disagree:)

 

 

I know things are tough at the moment may be something to do with an Election coming up 8)

 

All the fixed term contract people are going at the end of their terms

Happy Days not

[Bookface]

Hi everyone

I'm new to the forum and I found this thread after a Google search. I am in a similar position.

 

I have been on ESA since 1st June 2009. I applied for DLA around 30 June 2009. I only received confirmation that I've been awarded DLA last week. They have awarded me Middle rate Care Component and they have backdated it to 30 June 2009.

 

I also live alone and fulfil all the criteria for Severe Disability Premium. However I am having a hard time getting it. Whenever I call the DWP they pretend not to know about it. Last week a woman from the DWP called me back to say she had sent me a form called "IS10" but that form never arrived. I called back yesterday to check on it and the person there said they had no idea what I am talking about.

 

Anyone know if this IS10 form is available for me to download online? Also, in my situation, should the Severe Disability Premium be backdated - as obviously I could not apply for it until DLA gave me a decision and DLA have of course accepted that I'm due the Middle Rate Care Component as of June 2009. Should my Premium therefore be backdated to June 2009?

 

Thanks a lot

[MIKEY DABODEE]

Hi everyone

I'm new to the forum and I found this thread after a Google search. I am in a similar position.

 

I have been on ESA since 1st June 2009. I applied for DLA around 30 June 2009. I only received confirmation that I've been awarded DLA last week. They have awarded me Middle rate Care Component and they have backdated it to 30 June 2009.

 

I also live alone and fulfil all the criteria for Severe Disability Premium. However I am having a hard time getting it. Whenever I call the DWP they pretend not to know about it. Last week a woman from the DWP called me back to say she had sent me a form called "IS10" but that form never arrived. I called back yesterday to check on it and the person there said they had no idea what I am talking about.

 

 

 

Anyone know if this IS10 form is available for me to download online? Also, in my situation, should the Severe Disability Premium be backdated - as obviously I could not apply for it until DLA gave me a decision and DLA have of course accepted that I'm due the Middle Rate Care Component as of June 2009. Should my Premium therefore be backdated to June 2009?

 

Thanks a lot

 

 

Hi Bookface,

Sorry you are having a hard time getting your SDP.

If you qualify for it then first answer Yes you can get it backdate to the date your DLA was awarded.

Second question the IS 10 is a form that the department sends out. It is a questionair that asks all the relevant questions regarding your entitlement to SDP. Like do you live alone etc etc. What normally happens is that you receive the form, complete it and return it, its then looked at and if you are entitled then SDP will be awarded;

This form can be issued by the ESA computer system or there is a paper form that can be sent. I have looked at the Net and I cant see one to download. You will have to complete one before SDP is awarded.

 

You have three options phone again tell them you havent received it and want another one dont be fobbed off.

Second your Jobcentre should have one call there, get it and hand it back, they can then fax it to the ESA department you can wait there for confimation they have received it.

Or and this is a good or, make a appointment with your welfare rights to get on the case, they love SDP and will get it for you

if you are entitled.

Before it is awarded ESA will do a check to make sure you do live alone and nobody is getting Carers.

Good Luck.