The Government and media have announced that due to wrongly removing disability premiums claimants are due to be reimbursed £405 following a high court case that found them discriminatory towards claimants and the DWP lost the case.
This has lead to a lot of panicking of people of being migrated to Universal Credit because of the way this has been reported or lack of understanding leading to confusion.
When the government produced Managed Migration draft regulations numerous statutory Instruments (SI) have happened which do not require a parliament vote. When Amber Rudd announced that the Managed Migration Pilot in Harrogate various types of claimants (10,000) were to be tested to evaluate the best way to migrate people from their Legacy Benefits. Mrs Rudd has had to make a lot of amendments via SI as the High Court were not happy that these people would be guinea pigs and put into hardship. So to amend these the Government introduced SDP Gateway regulations to prevent those on SDP from transfering to UC until Final Managed Migration in 2020 was passed in Parliament which it is currently tabled for approval.
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.
Hopefully this blog will now stop this panic amongst SDP claimants who believed that they would not be migrated to UC till 2020. Please read the above links