Severe Disability Premium...Help please

[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

[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

[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

[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.

[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

[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.