Severe Disability Premium,

[Bazooka Boo]

18th May this year I was awarded (like it's some kind of competition??) standard daily living rate, and enhanced rate mobility.

 

This ''should'' kick start other payments into effect, namely ''severe disability premium''.

 

However, due to the unique way in which the DWP acts with impunity and is answerable to no-one, the SDP hasn't materialised, no biggy really as it will be backdated to May anyhow, so in essence the DWP have a savings account for me.

 

I tried to ring JCP today on the standard 0345 number, went through the lethargic condescending ''briefly tell us why you're calling'' nonsense, got to the department I needed, only to be cut off............................

 

Not once, but, for the last 9 days, weekends excluded.

 

It's as though they just don't care!

[Sparks_]

I had to contact the dept dealing with my ESA due to change of address and circumstances, I also mentioned about the severe disability premium...they said they would have to send me a form to complete( for once a simple one!) and they got it to me within 3 days! I have filled it out and am now waiting to see if I qualify...I know I do but you have to follow their rules

[antone]

Yeah, the SDP isn't awarded automatically - you need to complete a one page form (used to be form IS10, not sure if that still applies). You could always write to them and ask for it, I suppose, but the phone line thing is getting out of hand. Of course, getting the government to spend any money improving stuff like that is a non-starter. The only thing they seem to be happy to spend cash on these days is new and elaborate ways to deny people benefits.

[Sparks_]

The form is actually 10 pages long now, but most isnt applicable to everyone, just asks if you live alone, does anyone get carers allowance for you and stuff like that, of you need to phone the dwp its best early as possible....most chance of getting through

[antone]

Ten pages? Ouch.

[Bazooka Boo]

Yes,I might try writing, I've emailed them today but as they are like indicators on a submarine, I doubt they have anyone who can read the content of it, least of all operate technology!

[Sparks_]

Ten pages? Ouch.

 

But most are skip this section if this applies and so on, and most are just tick boxes

[Bazooka Boo]

So I had a response to my email, asking for them to confirm my name and address, did this the day after I posted on here, and I thought it had been at least three weeks!

 

Turns out, according to my post, its only been six days!?!.

 

I've managed to find an online form to download and fill in, the only trouble now is I have no address or reference to send it to.

 

But the IS10 form is here https://www.whatdotheyknow.com/request/243895/response/599159/attach/3/Acrobat%20Document%20IS10.pdf

 

I think I might get cagbotted for that link??

[honeybee13]

I think whatdotheyknow is OK, BB.

 

HB

[Bazooka Boo]

I think whatdotheyknow is OK, BB.

 

HB

 

Brilliant, and where did Cagbot go..?? Might start a petition to bring them back?

[honeybee13]

Brilliant, and where did Cagbot go..?? Might start a petition to bring them back?

 

Are you sure?

 

HB

[Bazooka Boo]

OK, this SDP still proves to be a bit of a puzzle.............to those in the DWP anyway!

 

Even my disability advisor is at a loss as to where they're getting their information from, or what handbooks they're reading, least of all referring to!

 

I qualified for PIP, and was awarded enhanced rate mobility, this ''should'' auto kick in another payment, namely the ''severe disability premium'' (SDP), however the DWP insist on sending me an ESA3 form to complete, instead of the IS10 form which is needed to apply for the SDP.

 

Even by the DWP's standards, to confuse PIP with ESA is up there!!

 

It matters not how many times I have said, this is nothing to do with ESA, this is purely as a result of qualifying for PIP, that there is an extra payment under PIP rules called the SDP, even had them tell me that it ''no longer exists!'', but I corrected them in that it was ''severe disability ALLOWANCE'' that no longer existed, and this was in fact severe disability premium.

 

Can anyone else cast any light on this please?

 

Off to see my advisor at the end of the month who is also going to be making calls, as she is banging her head against a brick wall too!

[Cpt Scarlet]

Bazooka Boo

 

SDP is not enabled by a PIP Mobility award it is only a Daily Living award that can do this. Also you need to be living alone or considered to be living alone and no one must be receiving Carers Allowance for you.

 

However, this is not the whole story, to actually receive payment you must be receiving or entitled to receive an Income Related benefit such ESA(IR), JSA(IR), Income Support or Pension Credit (SDP is not available under UC). It is not an extra payment added to your PIP award.

[Nystagmite]

Yes Scarlet is right - you need to be on PIP care and not mobility to receive the payment.

[Bazooka Boo]

I do get the standard daily living rate, as well as the enhanced mobility rate, if that helps??

[antone]

Yeah, standard daily living rate of PIP qualifies. It's not correct to say that it has "nothing" to do with ESA, though - the SDP is a premium added to income related ESA (similar things exist for JSA, IS and SPC), so the premium should be paid with ESA. Are you currently in receipt of ESA?

[Bazooka Boo]

Yes, I currently receive ESA(SG) took three years of legal fighting to get that!!!

 

Although I am on ESA(CB) as opposed ESA(IR), I'm guessing that makes a difference?

[antone]

Yes, that makes a difference - you would not normally get the SDP if you are on ESA©. But there is one case where you might: if you have applied for both ESA© and ESA(IR), qualify for both and receive ESA© in preference because your entitlement to both is the same, then you would normally be entitled to premiums such as the SDP. In such cases you would end up with an award that is partly ESA© and partly ESA(IR).

 

The most common situations where this applies will be people who have no partner and no other income from employment or pensions, but who have worked prior to claiming and thus meet the contribution conditions.

 

Edited to add: this may be why you have been sent an ESA3 - you had not previously applied for ESA(IR) and so they have sent you one so that you can make that application.

[speedfreek]

Ooooooo - ESA is a single benefit - you can not apply for Contribution or Income based although the DWP like to pretend you can!

 

Failure to investigate eligibility i.e. maladministration.

 

Rightsnet discussion forum and I think there's a few rightsnet links on the subject in my posts on here about SDP

 

read this http://www.rightsnet.org.uk/forums/viewthread/7199/

 

Edit Antone is correct on the form! They're now investigating eligibility for income a bit late but......

[antone]

Of course you can apply for ESA© only: you can decline to provide, on your initial claim, the information the DWP needs to consider ESA(IR) entitlement and still be considered for ESA©. The question discussed in that link seems to something like "if you do that and subsequently change your mind, can your revised claim for ESA(IR) be backdated to the original date of your ESA© application?"

 

I hope so, because it's my view that the implications of making an ESA© only claim are not made adequately clear during the initial claim process. Nonetheless, many people don't wish to provide the DWP with the ESA(IR) claim information because it's a lot more involved and, frankly, a lot more intrusive. So, for example, if you know for a fact that your partner's income nils your IR entitlement, it seems fairly obvious that some folks would not want to supply such information as part of a claim to a benefit they know they're not entitled to.

 

The only link there that I could read referred to conversion awards, and that's a different question: I don't think it's reasonable that someone who was awarded IB 15 years ago should have to jump through hoops to demonstrate IR entitlement today simply because they didn't meet the conditions for an IS award on the grounds of incapacity 15 years ago. But in a case where someone simply declined to provide IR claim information when they made an initial ESA© claim, what is the DWP supposed to do? Send out an ESA3 every few weeks just in case they change their minds?

 

More sensibly, they could send out an ESA3 when the claimant does something that indicates they have changed their minds: like asking for an SDP. Of course, if the claimant did make an IR claim and the DWP is now acting as if they didn't, that's a different matter.

[Nystagmite]

Another thing to add - because of you being in the support group, there's a small income based top up (which you also get if on HRC DLA / enhanced daily care) of about £15 a week.

[Bazooka Boo]

Yes, it's becoming a little clearer now..

 

Initially I was on IB from 2007, which I 'assume' was CB due to my forces career of 18 years.

 

Then the whole migration from IB to ESA, the subsequent 'nil points', (circa 2002?) then the three year legal battle to be placed in the SG of ESA, and then a successful claim for PIP, and my advisor stating that I should be able to claim the SDP on top.

 

I live alone, no carer, no dependents.

[antone]

Indeed, this makes some sense now. As you rightly conclude, during your time in the forces you will have paid NI, so when you claimed IB you would have been entitled to it (IB was a contributory benefit). When the ESA migration took place you ended up on ESA© because of your prior contributions. The contention in the Rightsnet posts that Speedfreek linked to is that you should also have been considered for ESA(IR) since yours was a conversion award - I agree with that point of view but it seems the DWP may need some...persuasion.

 

Anyhow, presumably they've sent you an ESA3 form so that they can consider you for an IR award. Since you live alone there's obviously no partner's income to consider. If you have no other income (pension, rent from property etc) and no savings over £16,000 then you might well be entitled. If you are awarded IR, the SDP should be considered automatically.

[Bazooka Boo]

Fantastic Ant, TY!

 

I've been advised 'against' sending the ESA3 form, as it will/may put me at a disadvantage, in that I may lose more than I stand to gain, even by their own admission!

 

I shall now wait till the end of the month when I go see my advisor, and with this new info, see what is best, TY once again!

[Nystagmite]

Who advised you on that?

 

Conts. based SG is around £110 a week and income based with SDP is around £186 per week. (assuming you have savings under £6000)