Entitlement to Severe Disability Premium

[Susanalicebarry]

Hi

 

I am new to this forum but I need to ask a question and hope one of you can help!

I am in receipt of Income Support as I care for my daughter who does not live in my property. I used to receive Severe Disablement Premium until I allowed my friend to come and live with me!

 

My question is that I do not have a partner therefore why has my entitlement to severed disability premium stopped, I understand them stopping it if I have a partner but as to sharing my home with a friend should not mean that I should lose this premium. My friend does not receive carers allowance for looking after me! Is there any way I can claim my entitlement back?

 

Thank you

[estellyn]

No, sorry, SDP is given to offset the costs of living alone with a severe disability and no designated carer. You are no longer living alone, so you have lost the SDP. The only way to get it back is if you were in the future, living alone, with no one claiming carer's allowance for you.

[id6052]

is there a commercial rental agreement between you and your friend?

 

i.e. are they a lodger/boarder paying you rent each week/month?

[Susanalicebarry]

Hi

 

Thank you both for your advice.

 

No my friend does not claim carer's allowance for me as she works over 37 hours a week, I do not take rent from her because she does help me with my personal care and does shopping and cleans my home for me, therefore I do not ask her for any rent, she is not able to claim carer's allowance due her earning over £100 a week, I just feel this is so unfair that I lose out on this money yet need it to pay somebody else to help me during the day!

[id6052]

Unfortunately, as you have a non-dependant (another adult living with you), you are no longer entitled to SDP.

[Susanalicebarry]

Hi

 

Does this apply if I take in a Lodger?

[RaeUK]

I believe so as the main criteria is that you must reside alone.

[antone]

I believe so as the main criteria is that you must reside alone.

 

A lodger would not count as "living with you" for the purpose of the SDP as long as it was a genuine commercial arrangement. Although it is generally the case that you must live alone, you still count as technically living alone if the only people who share your house/flat are:

 

1) Under 18

2) Aged 18 or 19 and someone gets Child Benefit for them

3) A joint tenant

4) Your resident landlord in a commercial arrangement

5) Someone who pays you for the right to live in the house/flat and has a commercial arrangement and contract

6) A person who themselves receives DLA at MRC or HRC

7) A person who is registered blind

 

The bolded one is relevant to the OP's question. But two points: 1) OP's friend would need to find somewhere else to live; and 2) Some amount of the rent the lodger paid would be taken into account when benefit is calculated.

[RaeUK]

Many thanks for the correction and clarification, Antone. Now, where did I put my lodger? ...

[antone]

Many thanks for the correction and clarification, Antone. Now, where did I put my lodger? ...

 

No problem. But wait - you've misplaced a lodger? You need to be more careful with them.

[estellyn]

No problem. But wait - you've misplaced a lodger? You need to be more careful with them.

 

Don't worry, they're always either down the back of the sofa, or that place where missing socks go.

[Susanalicebarry]

So basically you can't win! The Government state you must live alone to receive SDP yet if you live in a house with two bedrooms you have to pay the extra bedroom tax unless you take in a Lodger or move to smaller accommodation, it makes me sick! In the area where I live there are no one bedroom properties and If I do as they say and take a Lodger in and they are not on benefits then I lose my SDP! Not a happy bunny!!

[antone]

So basically you can't win! The Government state you must live alone to receive SDP yet if you live in a house with two bedrooms you have to pay the extra bedroom tax unless you take in a Lodger or move to smaller accommodation, it makes me sick! In the area where I live there are no one bedroom properties and If I do as they say and take a Lodger in and they are not on benefits then I lose my SDP! Not a happy bunny!!

 

I understand your frustration but we do need to be clear here - a lodger (where the person was not a close family member and who is paying rent as part of a genuine commercial agreement) would not disqualify you from the SDP. A "close family member" is basically a partner, child, parent, sibling, son or daughter in law (or the partners of any of these) and maybe a couple of others that I forget about.

 

You could charge a lodger up to £20 per week before your IS would be affected, and any HB or CTB you might receive would not be affected at all. You would also be entitled to the SDP because a lodger is not expected to care for you.

[antone]

Don't worry, they're always either down the back of the sofa, or that place where missing socks go.

 

And presumably they take all the biro pens with them, I guess?

[estellyn]

And presumably they take all the biro pens with them, I guess?

 

The socks or the lodgers? 'Cause my socks are buggers for stealing my biros.

[Tickedoff]

Currently on ESA in support group, when I first claimed I was sent claim form for severe dis pre, filled in sent back to be told not entitled as daughter over 18 lived with me, fair enough. Why they sent the form knowing daughter lived with me was bizarre but hey oh who are we to question the logic of the benefits agency.

Sept2013 daughter moves out to live 100 miles away to study at uni and work, she is renting property which she has year contract on for a year. I put in claim again as I now live alone. It got turned down, reason, well according to benefits agency as she is student this is still her main residence,really? Oh and they presume she will be here holidays and they class this as temporary.

Pointed out she will not able to take holidays off from job like uni but they have stuck fast, also pointed out if they need her life aspirations to make a decision, then she has another 2 years of study and intends to live and work in USA where her father lives. Moved out is moved out? Which ever way they look at it there is no other adult other than the cat living in my property. Has anyone else had this problem of there adult child managing to reside in 2 property's at once. Have contacted my mp to try and sort it out, even he could not fathom their logic.

[reallymadwoman]

I recently read a tribunal decision which stated that someone living away at university should be considered to be permanently resident there even if they do go home for holidays. I'll see if I can dig out the case reference for you which you can then use for an appeal.

[reallymadwoman]

This is a link to the decision which I believe is binding upon the DWP. http://www.osscsc.gov.uk/Aspx/view.aspx?id=3766

[Tickedoff]

Thankyou for that , have printed it off and a copy will be going along with my appeal.although it is the opposite way around and I am the one claiming the premium, it clearly outlines what is deemed living away. Which my daughter is. She can hardly commute six hour round trip daily to help me. These people who decide entitlement really need to take a good look at their own rules, I class temporary maybe six weeks or so, not a year which is going to turn into 3 as that is how long her course is.