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Bereavement and loss of sdp
- Tez
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1 month 2 weeks ago #296460 by Tez
Bereavement and loss of sdp was created by Tez
Hi, can someone help me please. My partner died 3 years ago, we were on esa, he was the claimant, we both had the sdp. I then had to claim universal credit, and I lost my severe disability premium. I queried this, and after a couple of weeks universal credit agreed that I was entitled to it, and I was paid it. Four months later I had a message on my journal saying that I was not entitled to this extra payment, and they wanted it back, it was taken monthly. I have now been told that I should not have lost the sdp, as after the gateway was closed in January 2021, eligibility was widened to the partner of a claimant, is this right?
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1 month 2 weeks ago #296593 by David
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Replied by David on topic Bereavement and loss of sdp
Hi Tez,
I think you are referring to the Transitional Element of SDP.
It is important to determine the exact start date of your UC claim in 2021.
David
I think you are referring to the Transitional Element of SDP.
It is important to determine the exact start date of your UC claim in 2021.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Tez
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1 month 5 days ago #296901 by Tez
Replied by Tez on topic Bereavement and loss of sdp
The start date of my universal credit claim was 27th July 2021
- David
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1 month 5 days ago #296902 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Bereavement and loss of sdp
Hi Tez,
Yes you are correct about the change in the law relating to the Transitional SDP and partners that took effect in January 2021 and you should receive the Transitional SDP. The guidance from the charity CPAG summarises the law.
Separated and bereaved partners
Partners who are not actual claimants of legacy benefits themselves, but separate (or are bereaved) from legacy claimants are no longer excluded from accessing extra UC for loss of the SDP. The Explanatory Memorandum to the Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021, No.4 states:
‘7.9 Previously, this was not the case. Due to the administration of legacy benefits, even where both couple members meet the criteria for the SDP and they receive the higher rate of the SDP, only one member is classed as the claimant who is eligible for the benefit which includes the SDP. […] The amendments in the 2021 regulations ensure that where a couple separate, both partners are treated equally when being considered for a transitional SDP element […]’
However, people whose UC began before 27 January 2021 continue to be excluded – ie, because they do not come under the new rules. Further, a person separating from a pension credit claimant (or the surviving bereaved partner) would not qualify for the transitional SDP element.
David
Yes you are correct about the change in the law relating to the Transitional SDP and partners that took effect in January 2021 and you should receive the Transitional SDP. The guidance from the charity CPAG summarises the law.
Separated and bereaved partners
Partners who are not actual claimants of legacy benefits themselves, but separate (or are bereaved) from legacy claimants are no longer excluded from accessing extra UC for loss of the SDP. The Explanatory Memorandum to the Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021, No.4 states:
‘7.9 Previously, this was not the case. Due to the administration of legacy benefits, even where both couple members meet the criteria for the SDP and they receive the higher rate of the SDP, only one member is classed as the claimant who is eligible for the benefit which includes the SDP. […] The amendments in the 2021 regulations ensure that where a couple separate, both partners are treated equally when being considered for a transitional SDP element […]’
However, people whose UC began before 27 January 2021 continue to be excluded – ie, because they do not come under the new rules. Further, a person separating from a pension credit claimant (or the surviving bereaved partner) would not qualify for the transitional SDP element.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Tez
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1 month 4 days ago #296938 by Tez
Replied by Tez on topic Bereavement and loss of sdp
Thankyou, how do I go about sorting this out with universal credit please
- David
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1 month 4 days ago #296946 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Bereavement and loss of sdp
Hi Tez,
I would write the following in your UC Journal-
Partners who are not actual claimants of legacy benefits themselves, but separate (or are bereaved) from legacy claimants are no longer excluded from accessing extra UC for loss of the SDP. The Explanatory Memorandum to the Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021, No.4 states:
‘7.9 Previously, this was not the case. Due to the administration of legacy benefits, even where both couple members meet the criteria for the SDP and they receive the higher rate of the SDP, only one member is classed as the claimant who is eligible for the benefit which includes the SDP. […] The amendments in the 2021 regulations ensure that where a couple separate, both partners are treated equally when being considered for a transitional SDP element […]’
In the journal from the drop down list choose A Payment and then send the message having copied it first.
Then paste the same message and send it a second time and this time from the drop down list choose Service Issue.
Sending it twice means that it is less likely to be overlooked.
David
I would write the following in your UC Journal-
Partners who are not actual claimants of legacy benefits themselves, but separate (or are bereaved) from legacy claimants are no longer excluded from accessing extra UC for loss of the SDP. The Explanatory Memorandum to the Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021, No.4 states:
‘7.9 Previously, this was not the case. Due to the administration of legacy benefits, even where both couple members meet the criteria for the SDP and they receive the higher rate of the SDP, only one member is classed as the claimant who is eligible for the benefit which includes the SDP. […] The amendments in the 2021 regulations ensure that where a couple separate, both partners are treated equally when being considered for a transitional SDP element […]’
In the journal from the drop down list choose A Payment and then send the message having copied it first.
Then paste the same message and send it a second time and this time from the drop down list choose Service Issue.
Sending it twice means that it is less likely to be overlooked.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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