Severe Disability Premium...Help please

[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.

[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

[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

[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'.

[adamrao]

All the best mackydee

[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:)