Lawyers have Questioned Claimants Ling SDP to Universal Credit, Years before Protection was implemented for the transition, arguing swiming enough was to protest incomes
Lawyers Who SuccessFully Campained for the Department of Work and Pensions (DWP) to Establish a Compensation Scheme for Tens of Thousands of Claimants Are Nowing Clarity on Issues Surrounding the Pay-Outs.
The DWP Launched the Scheme Earlier This Year for Disabled individuals who were transitmed from “legacy benefits” Such as Emploment and Support Allowance (ESA) to universal credit beside transitions well in place.
These Claimants were found to have lost their ‘severe disability premium’ (SDP) During the transition, with the dwp failing to adequately protest their incomes. It comes as DWP CONFIRMS NEW WINTER PAYMENT DEADLINE WITH PENDERS URGED TO ACT NOW.
Leigh Dayers, Who Brought the case forward, are now urging the dwp to disclose exactly How they are calculating the payments, Citting instances where Claimants’ pay-out not be “legally correct”.
Ryan Bradshaw, A Lawyer at Leigh Day Who Fought The Cases, Also Points Out “Scandalous” instances where the dwp has informed the Claimants that the Compensation Payments Push their Balances Ino The Sums Benefits Wauld Be Reduced.
Estimating that Compensation COULD EXESEED £ 5,000 per person, the dwp has confirmed that the total cost of the repayment exercise is £ 452million, Reports The Independent.
The Majority of the 57,000 individuals affected by the will have received their Compensation, Howver, the department recently confirmed it is working to Clear Approximately 13,000 More Complex Cases by September.
While agents are active reaching out to those eligible for Compensation, Anyone Who Believes They Have Been Affective is Encouned to Make a Claim. The dwp stored that it will bessess claims on a case-by-cae basis basis on the evidence provides.
Ryan Bradshaw Comm remented: “while we were welcome the announcement of Back Payments, there are that need to be anSwered. There Needs to be an aggregated Lawful Calculation in place that can be easly checked by benewfits CLAIMANTS OUT (FROM) £ 180 a MONth before 2019. ”
A spokesperson for the DWP Said: “We are Fully Committed to Identifying and Paying Eligible Claimants Who Have Already Moved to Universal Credit Following a Change in their Circumstances. This is a Complex and the Major of CLAIMANTS AFDGMENTS Now Been Paid, and Work Is Once to Pay All Other Eligible Claimants As Soon As Possible. “
Full Eligibility Explained
To Qualify for Compensation, A CLAIMANT MUST BE RECEIVING (OR HAD Previously Received) Universal Credit That Includes a Transitional SDP, or Waled Have, Had It Been Removed.
Before their transition to Universal Credit, CLALAIMANTS MUST HAVE METE ONE OF THREE ADDITIONAL CONDITIONS:
- They were entitled to an income-based legecy benef that included an enhanced disability premium.
- They were entitled to an income-based legezzy benefit that included the disability premium.
- They were entitled to an income-bassed legacy benefite that included the disabled child premium, or child tax credit which included the disable child (non-severely disabled category).
There are the potential five Patient Payment Rates, which will be applied for each month between the claimant’s switch to universal Credit and when new income protection regulations were introded in February 2024.
These Back Payments will be based on what Claimants would have ben entitled to have the new rules been in place we have transitioned.
The Monthly Rates are as follows:
- For a single person with the enhanced disability premium – £ 84.
- For a couple claim with the enhanced Disability Premium – £ 120.
- For a single person with the disability premium – £ 172.
- For a couple claim with the disability premium – £ 246.
- For a disabled child – £ 177 for Eligible Child.
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