SDP Gateway  | CPAG

Please visit the CPAG (non-JR) letter templates page for a template First Tier Tribunal submission on 'SDP gateway, deeming provision, couple treated as claiming'.

Note: In Deadman and Ryan v Secretary of State for Work and Pensions (CO/1146/2021, 22 July 2021) the Secretary of State conceded a judicial review claim in which the claimants, who were entitled to SDP but not receiving it, and had claimed UC on poor advice, argued they should be returned to legacy benefits or paid transitional payments. SSWP agreed to compensate the claimants for the full amount lost as a result of claiming UC: £9,680 arrears, and more than £300 per month ongoing compensation for future months, as well as an ex-gratia payment for distress. Garden Court Chambers advise that if you have a client who transferred to UC between January 2019 and January 2021 and who was entitled to an SDP at the date of transfer, even if that entitlement was only decided afterwards, seek legal advice on whether your client also has grounds for judicial review. If you have a client in this situation, CPAG will be happy to put you in touch with a law centre which may be able to assist (and acted for the claimants in this case). 
Letters to HMRC
JR91 Refusal of a claim to tax credits made before 27/01/21 where SDP received within a month of the claim (but not on the date of claim) (last checked Sept 2021) NB if your client is now on UC, it may be better to pursue transitional payments through their UC. 
SDP Gateway Letters - these letters have not been updated and should be used with caution, however you may find the arguments useful when drafting your mandatory reconsideration request: