DSS stopped my Severe Disability Premium

endorfin

Hi all,

This is my 1st post here hope its the right place. I'm both deaf & severely physically disabled & have been receiving Severe Disablement Allowance & Income Support for some time (several years) I also get DLA care component middle rate & mobility component higher rate so when I was at my last address I was also granted Severe Disability Premium on top of this.

However my landlord did not renew my tenancy so I had no choice but to find somewhere else. Where I live in Brighton its very difficult to find affordable housing so I ended up sharing a 2 bedroom flat with another person. I am not related to this person, I don't know her in any other capacity other than a joint tenant. We just pay half the rent each to a private landlord and share nothing more than a bathroom & kitchen with each of us having our own bedroom. I barely ever see this person as she is working most of the time. She does not assist me in any way at all. Nobody claims carers allowance for me.

Since my new tenancy began in December the DSS have stopped my Severe Disability Premium. After filling in countless forms (most of which they lost & claimed never to have received - ended up filling in the same forms in triplicate & taking into the jobcentre to go via internal mail) they have finally this week in April said they are not going to reinstate my SDP. I have 30 days in which to appeal against this to go to a tribunal.

I can't really get a definite answer out of them when I ring them up, they just keep repeating if I think the decision is wrong then to appeal.

Any advice appreciated thank you.

NASA_2

Ask for a reconsideration and submit your tenancy agreement showing that you are a single tenant in shared accomodation. Just out of interest - did you put this other persons name on the IS10?

endorfin

Wow that was quick.

They asked if I lived with anyone & I said that there was another person in the flat, gave her name & relationship as joint tenant.

My tenancy agreement is a 6 month tenancy with both our names on it with a rent amount per month which we pay half each. I pay half the rent directly to the landlord by standing order & she pays the other half of the rent directly from her bank account by standing order.

I understand that SDP is for people living 'alone' but I took that to mean single person not living as a couple or sharing bills etc with someone else. I don't see why I should be penalised because the housing situation is such that I have little choice but to share a flat/house with someone. They must be aware that people sometimes have no choice but to do this. I was actually homeless for several months before finding this place which I have explained to them.

Incidentally this new landlord has just this week given me 2 months notice because he needs the property back so I will be looking for a place by myself again if I can find somewhere to avoid problems like this again. As things stand I have not received any SDP since December until now.

Thanks again

NASA_2

If it is a joint tenancy then I think they are within their rights to withold the SDP until convinced that it is right to pay it.

If the other person was named on the IS10 as someone who lives with you then I see entirley why they have witheld it - you've stated you live with someone who is not on at least the middle rate of DLA Care Component.

endorfin

Does it make a difference if the joint tenant I live with has middle rate care component of DLA? Because she is also deaf and is receiving DLA (I think it may be middle rate care & lower rate mobility)

We have no connection other than both being deaf & meeting at one of the regular local deaf meets which is how we both discovered we were both looking for somewhere to live.

I didn't mention that she was receiving DLA but now that you have asked this question it is making me wonder if it makes a difference. She is not in receipt of IS though as she is in full time employment.

PipsoG

Severe Disability Premium is paid on top of your Income Support applicable amount when you live alone.

Your housing has changed and you are no longer living alone - therefore you do not qualify for a Premium for single living.

If you are now looking for new housing and find a place just for you, you could then ask for your claim for Income Support be re-assessed.

NASA_2

endorfin wrote: »

Does it make a difference if the joint tenant I live with has middle rate care component of DLA? Because she is also deaf and is receiving DLA (I think it may be middle rate care & lower rate mobility)

We have no connection other than both being deaf & meeting at one of the regular local deaf meets which is how we both discovered we were both looking for somewhere to live.

I didn't mention that she was receiving DLA but now that you have asked this question it is making me wonder if it makes a difference. She is not in receipt of IS though as she is in full time employment.

As long as she is in receipt of DLA MRC at least then I think they should be awarding you the SDP:

This is what the Decision Makers Guide says on the subject - the bit at the bottom seems to apply to you:

Sharing the accommodation

23212 People should not be regarded as sharing the accommodation if1

1. the only shared area is a
Severe disability premium 23213 23215
Vol 4 Amendment 30 February 2010

1.1 bathroom or
1.2 lavatory or
1.3 communal area (see DMG 23213) or
2. they are separately liable to make payments (see DMG 23214) to the landlord
for that accommodation.

1 JSA Regs, reg 2(6); IS (Gen) Regs, reg 3(4); R(IS) 12/96

Jowo_2

What is your age?

Speak to Shelter or the local CAB office about your housing problems to understand your options.

I'm aware in that area that there is a massive shortage of affordable housing with thousands of people on the waiting list for council housing but Brighton and Hove council run a number of schemes to place LHA tenants in private accommodation. For example, they run a few Private Sector Leasing schemes where they encourage private landlords to sign over their properties to the council housing department for a 3 or 5 year period.

Having said that, my landlord friend has just got her flat back from the council in a semi trashed state after dozens of reports of anti-social behaviour and repairs were ignored by the apathetic council housing department - lots of smashed windows and doors. The tenants refused to leave at the end of the tenancy, the council said they couldn't evict them because the courts never evict people with kids and we later found out the council had housed a criminal newly released from prison after a serious offence. Once word gets out to the local landlord community that the council can't adequately manage the private sector tenancies and use it to dump vulnerable people that they don't want to offer their own housing to, this source of accommodation will start to dry up.

I read in the local paper that there is a huge population boom caused by migration into the area, students staying on after graduation and the fact that more people are born each day than die in the area. Things are only going to get worse.

Someone I know (single mum with disabled child) got a decent private flat because the landlord takes his tenants from a particular organisation or forum in the local area (don't know if this is facilitated by the council or the name of it) but you could look into speaking to a local disability/housing charity to get extra support and advice.

Brighton and Hove council private sector letting scheme. Brighton and Hove council temporary housing.

Macro_3

NASA wrote: »

As long as she is in receipt of DLA MRC at least then I think they should be awarding you the SDP:

This is what the Decision Makers Guide says on the subject - the bit at the bottom seems to apply to you:

Sharing the accommodation

23212 People should not be regarded as sharing the accommodation if

1

1.

the only shared area is a
Severe disability premium 23213 23215
Vol 4 Amendment 30 February 2010

1.1

bathroom or
1.2 lavatory or
1.3 communal area (see DMG 23213) or
2. they are separately liable to make payments (see DMG 23214) to the landlord
for that accommodation.

1 JSA Regs, reg 2(6); IS (Gen) Regs, reg 3(4); R(IS) 12/96

It would appear from the OPs posts that they are jointly liable to pay the rent - they are named as joint tenants on a single tenancy agreement, rather than having a tenancy agreement each with their own separate liability.

NASA_2

Macro wrote: »

It would appear from the OPs posts that they are jointly liable to pay the rent - they are named as joint tenants on a single tenancy agreement, rather than having a tenancy agreement each with their own separate liability.

It depends on how it is worded on the agreement I would argue but the fact the other person is possible in receipt of DLA MRC would negate the need for that argument anyway.

endorfin

I'm glad I posted my problem here as I've received some useful information especially from NASA. I actually thought that if I mentioned that my flatmate was in receipt of DLA MRC the DSS wouldn't grant me SDP so I didn't mention it.

What would be my next step as the advice given in the rejection letter is to get form GL24 if I disagree and appeal to a tribunal. This sounds like something that could take some time.