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SDP ELIGIBILITY CHANGE and UC
- Zane
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4 days 5 hours ago #302640 by Zane
SDP ELIGIBILITY CHANGE and UC was created by Zane
Hi
I’m desperately scared (terrified actually). Today, on following the guidance in your latest successes migration from ESA to UC I decided to call the CAB ‘a help to claim number.
I’m on irESA, am a single parent in the ESA support group.
I have complex physical health conditions, CPTSD and have been engaging with intensive mental health support since 2023.
I was awarded the SDP 11 years ago. I didn’t claim or seek it, it was awarded by the DWP and all I received was a letter asking for minimal details. A single sided letter, that’s all.
I thought nothing more of it.
I’m in receipt of full PIP
My youngest child is at uni & my eldest son continued living here after he left uni, although this is temporary - until he can afford to rent his own place.
Today, when I went through details with the CAB lady she began a benefits calculation.
I was devastated and shocked when she told me I shouldn’t be getting the SDP because my son is living here.
She told me I must tell ESA Immediately.
if her information is correct then I will potentially owe the DWP 2.5 years worth of SDP.
I’m terrified. I had no idea about this, no mention of rules around it other than I was eligible.
I’m unsure of what to do next.
Do the authors here know if the information is correct? How do I tell ESA, will I be done for benefits fraud, what will the knock effect will be benefits wise?
I’m absolutely devastated and feel extremely vulnerable.
I’m desperately scared (terrified actually). Today, on following the guidance in your latest successes migration from ESA to UC I decided to call the CAB ‘a help to claim number.
I’m on irESA, am a single parent in the ESA support group.
I have complex physical health conditions, CPTSD and have been engaging with intensive mental health support since 2023.
I was awarded the SDP 11 years ago. I didn’t claim or seek it, it was awarded by the DWP and all I received was a letter asking for minimal details. A single sided letter, that’s all.
I thought nothing more of it.
I’m in receipt of full PIP
My youngest child is at uni & my eldest son continued living here after he left uni, although this is temporary - until he can afford to rent his own place.
Today, when I went through details with the CAB lady she began a benefits calculation.
I was devastated and shocked when she told me I shouldn’t be getting the SDP because my son is living here.
She told me I must tell ESA Immediately.
if her information is correct then I will potentially owe the DWP 2.5 years worth of SDP.
I’m terrified. I had no idea about this, no mention of rules around it other than I was eligible.
I’m unsure of what to do next.
Do the authors here know if the information is correct? How do I tell ESA, will I be done for benefits fraud, what will the knock effect will be benefits wise?
I’m absolutely devastated and feel extremely vulnerable.
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- David
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1 day 16 hours ago #302802 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic SDP ELIGIBILITY CHANGE and UC
Hi Zane
Yes it is possible that the initial assessment is not correct for the following reasons.
ADM Chapter F3: Housing Costs Element: Support for renters)
“In a case where a student lives at a university address during term time and lives at their parents’ home for some weekends and during the holidays, the DM should decide which address is where they normally reside. Whichever address is chosen will remain the student’s normal residence even when they spend time at the other home.
A student still retains a bedroom, furniture and some clothing at their parents’ home, they still get some mail there, are registered with the local dentist and are actually resident for 18 full weeks and most weekends. On this evidence the DM decides that the student normally resides at their parents’ home and are only temporarily absent from it whilst at university.
Alternatively, the DM may decide that because the student has a tenancy agreement for a university address, they have some furniture and clothes there, they live there for 32 weeks of the year and are liable for gas, electricity and a tv licence that they normally reside at the university address and are only temporarily absent from it whilst back living with their parents”
Also a child aged 18 or 19 will not affect the SDP if they are " qualifying" that is in education.
You will need to talk to your children about which address they choose as their official address during their period of education away from home after the age of 20.
I would contact your local Citizens Advice which is separate from Help to Claim and see if they can help you through one of their specialist Benefit advice team.
I would not inform the DWP / ESA until a decision has been made about the childrens' address.
If the worst comes to the worst you would lose the SDP but get the Enhanced Disability Premium. So as far as paying back the DWP your deduction maximum amount would be £13.95 as of April 2025 . It has just been increased from £13.65.
Also this is definitely not a Fraud offence. As you can see from DWP ADM ( advice for decision makers ) there is discretion in choosing a university student's home address.
Let me know how you get on.
David
Yes it is possible that the initial assessment is not correct for the following reasons.
ADM Chapter F3: Housing Costs Element: Support for renters)
“In a case where a student lives at a university address during term time and lives at their parents’ home for some weekends and during the holidays, the DM should decide which address is where they normally reside. Whichever address is chosen will remain the student’s normal residence even when they spend time at the other home.
A student still retains a bedroom, furniture and some clothing at their parents’ home, they still get some mail there, are registered with the local dentist and are actually resident for 18 full weeks and most weekends. On this evidence the DM decides that the student normally resides at their parents’ home and are only temporarily absent from it whilst at university.
Alternatively, the DM may decide that because the student has a tenancy agreement for a university address, they have some furniture and clothes there, they live there for 32 weeks of the year and are liable for gas, electricity and a tv licence that they normally reside at the university address and are only temporarily absent from it whilst back living with their parents”
Also a child aged 18 or 19 will not affect the SDP if they are " qualifying" that is in education.
You will need to talk to your children about which address they choose as their official address during their period of education away from home after the age of 20.
I would contact your local Citizens Advice which is separate from Help to Claim and see if they can help you through one of their specialist Benefit advice team.
I would not inform the DWP / ESA until a decision has been made about the childrens' address.
If the worst comes to the worst you would lose the SDP but get the Enhanced Disability Premium. So as far as paying back the DWP your deduction maximum amount would be £13.95 as of April 2025 . It has just been increased from £13.65.
Also this is definitely not a Fraud offence. As you can see from DWP ADM ( advice for decision makers ) there is discretion in choosing a university student's home address.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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