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Universal Credit And The Severe Disability Premium

February 20, 2019

This Commons Library briefing looks at how Universal Credit will affect benefit claimants who are, or were, getting the Severe Disability Premium. It covers measures which came into force in January 2019 to prevent people getting SDP from moving onto UC until they can receive transitional protection, and proposed “transitional payments” for those who have already moved to UC and lost SDP.

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The Severe Disability Premium (SDP) is an addition payable with means-tested social security benefits. Universal Credit does not include an element equivalent to SDP – or indeed any of the disability premiums currently available. Disabled people may therefore find that their entitlement to UC is significantly lower than their previous “legacy” benefits. Transitional protection will be available to those moving onto UC at the final “managed migration” stage so that they are not worse off in cash terms at the point of transfer, but there is no such protection for those who move onto UC by “natural migration” – i.e. following a change of circumstances.

In June 2018 the High Court ruled in June that the Secretary of State unlawfully discriminated against two men who had to claim Universal Credit when they moved to another area, and as a result experienced a sudden drop in income due to there being no equivalent to SDP (and the Enhanced Disability Premium) within UC. The DWP compensated the two individuals for the losses experienced, but the Court left it to the Government to devise a wider solution to the problem of unlawful discrimination.

On 16 January 2019, regulations came into force preventing people in receipt of benefits including a Severe Disability Premium from moving onto Universal Credit until the final managed migration stage, when they can receive transitional protection. People who have already moved to UC and lost their SDP are to receive additional payments – both backdated and on an ongoing basis – although these may not fully compensate individuals for the amounts lost. Draft regulations providing for these “SDP transitional payments” are currently before Parliament.

This Commons Library briefing gives further background to the abolition of the Severe Disability Premium and covers developments following the High Court judgment.

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4 Comments leave one →
  1. February 20, 2019 2:24 am

    Reblogged this on michaelsnaith.

  2. Christine Ruscoe permalink
    February 20, 2019 3:40 am

    How can people people loose the severe disability premium they have not been healed? They were given this-because there ill this cut in benefit will cause so much difficulty and hardship . Disabled people often pay for help and assistance with shopping and other tasks.
    Often there utility bills gas&electric are higher because of there lack of mobility or illness that they require the heating on constantly Ect ,removing this Severe disability premium will have a negative impact on there well being compacted with the added distress and anxiety they will suffer due to lack of money . Why have all the assessments then for no other reason not medical reasons just government cuts stop paying it . Yet again the disabled are being targeted by government polices .

  3. February 20, 2019 6:14 am

    “In June 2018 the High Court ruled in June that the Secretary of State unlawfully discriminated against two men who had to claim Universal Credit when they moved to another area, and as a result experienced a sudden drop in income due to there being no equivalent to SDP”

    Equality Act 2010
    http://www.legislation.gov.uk/ukpga/2010/15/contents
    Especially sections 26. Harassment. and 27. Victimisation.

    Care Act 2014 –
    Safeguarding adults at risk of abuse or neglect –
    http://www.legislation.gov.uk/ukpga/2014/23/section/42/enacted

    Fraud Act 2006 –
    http://www.legislation.gov.uk/ukpga/2006/35/contents

    Misconduct in Public Office – (“It carries a maximum sentence of life imprisonment.”)
    http://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/

    So Where Are The Police???

    Is this Criminal Nonce in Prison yet? –
    Secretary of State for Work and Pensions – In office –
    8 January 2018 – 15 November 2018

    https://goo.gl/images/cCS5oA

    Why won’t bent cops do anything about criminals?

    Ahhhhh –

    Met Police – How the Met is governed –
    https://www.met.police.uk/police-forces/metropolitan-police/areas/about-us/about-the-met/governance/
    “The Commissioner is accountable in law for exercising police powers and to the Mayor’s Office for Policing and Crime”

  4. February 20, 2019 8:45 am

    Reblogged this on sdbast.

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