DSS stopped my Severe Disability Premium

dmg24

NASA wrote: »

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.

A variation in the wording would mean that it was not a joint tenancy!

endorfin wrote: »

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.

Now that you have this information, I would call the BDC and explain that your housemate is on DLA MRC. If you speak to the right person they will sort it for you without going through the appeal process. However it may take a few phonecalls to find someone that knows what you are talking about.

NASA_2

dmg24 wrote: »

A variation in the wording would mean that it was not a joint tenancy!

I know. That was point I thought.

endorfin

I rang the DSS (I can never call it Jobcentre plus!) today but could only get to speak to a telephonist who offered a call back which isn't possible in my suitation as I'm deaf - although I can make calls via a Text phone via the Text Relay service its difficult for me to receive calls as I cannot hear the phone ringing. So she suggested I write or fax with the information that my flatmate is in receipt of DLA MRC. I faxed them a copy of the letter stating I didn't qualify for severe disability premium along with the information that my flatmate received DLA MRC.

I do not understand the logic of this anyway, why would I not be entitled to SDP if I share a flat with someone. That person doesn't receive any money for me nor helps me out in any way. I don't understand either how if that person is in receipt of DLA MRC I suddenly become entitled to SDP. I can't find any information anywhere that says if I'm single but living with someone in receipt of DLA MRC as well as myself then I can claim SDP, only if we're a couple which we are not.

If they grant it will I be likely to receive back pay from when they stopped it in December?

Many thanks again for all your help.

PS. NASA do you ever sleep?!

NASA_2

The theory is that if you are living alone that you require more support (Financially) than if you are living with someone else who will be able to provide you with some support themselves.

It is taken that if both people are in receipt of MRC then they will require the support of each other to live safely. That's also why people can claim Carers Allowance for a partner (For instance) while the partner also can claim Carers Allowance for them.

Backdating has to be asked for and its anyonese guess as to whether it is granted.

And I do sometimes sleep. Just depends.

endorfin

I could understand that if we were a couple but we are not. A lot of people, working or not, on benefits or not share a flat because of limited housing but they are not expected to pay for each other. So, next time if I find myself in a situation where I was going to be sharing a flat I should ask for separate tenancy agreements?

I don't see why they should refuse to backdate it as the time it has taken, for them to reach a decision has been down to them. I filled all forms in as requested, it seemed to be a waste of time putting them in the post box as they would claim never to have received them so I would take them to the local jobcentre to be sent via internal mail, even then they would sometimes say they hadn't received them so another form would have to be sent out, filled in etc.

I think a lot of it is to do with them using BDC's (Benefit Delivery Centres) for example it is the Worthing BDC that deals with my claims but I have to post anything to Crawley. The same applies for Hastings BDC and others they all go to Crawley to be sorted before being sent on which I think is why a lot of the mail goes missing.

fluffymovie

Hi

I used to work for B&H City Council so have a bit of local knowledge.

Have you tried the Brighton Housing Trust up by the Station? When I worked in HB up there, we used to get a lot of queries from the advisors there?

endorfin

The problem is they won't help me until I have lived in Brighton & Hove for 6 months for that 'local connection' which won't be until the beginning of June. I've been living on the edge of Saltdean/Telscombe Cliffs for a couple of years but unfortunately it was half a mile across the border which is covered by Lewes Council & when I sought assistance from them they could only house me in a bed & breakfast in Eastbourne which is a long way from Brighton & away from the 2 hospitals that I need on a regular basis for my treatments (this apparently isn't enough for a local connection). All my friends (mostly deaf) are in Brighton as well and placing a deaf person in a strange town where he knows nobody would mean I would be very isolated as it is more difficult for me to meet new people. But none of this made any difference to them, they were just going by what they are told on a piece of paper which meant because I was just half a mile outside their area they didn't want to know. So this meant that after a few months being homeless (I wasn't on the streets but I was sleeping on various people's sofas which isn't easy being a wheelchair user) I settled for this flat which is a lower ground floor flat. I am more or less imprisoned here unless I can get someone to help me up the stairs to get out of the building & set my wheelchair up.

I don't know why the landlord is not renewing the tenancy but it may be a blessing in disguise as I am not making myself homeless by choice so hopefully in June after I've lived here for 6 months I will be eligible for some help from the housing trust?

fluffymovie

I don't think BHT are linked to the council tho and from what you have explained, that sounds like the council housing section have said that they can't help you as you don't have the 6 months local connection.

I would say contact BHT (think they have email) and see if they can advise!

endorfin

OK thank you, I will look into that.

Jowo_2

endorfin wrote: »

I don't know why the landlord is not renewing the tenancy but it may be a blessing in disguise as I am not making myself homeless by choice so hopefully in June after I've lived here for 6 months I will be eligible for some help from the housing trust?

Look at the Shelter website for their section on homelessness which will tell you how a local council will deal with an application from someone who will be homeless (roughly defined as having no security of tenure past the next 28 days), plus their obligations towards high priority applicants, such as the disabled.

I don't know how it is in your local area but lots of local councils will simply tell the tenant to ignore the landlord's notice and force the landlord to evict them through the courts. Councils shouldn't do this but they can't really give accommodation to everyone who is served notice from their landlord so I understand this is quite a typical 'gatekeeping' tactic to keep down demand for their services. If a tenant moves out before the court forces them to, the council can define this as making themselves intentionally homeless and withdraw any support from them.

This is one reason why LHA applicants aren't very popular with landlords - because they are more likely to approach the local council for assistance, hence more likely to be told to ignore the notice and stay put, which frustrates landlords wanting to get rid of rogue tenants.

Perhaps fluffymove can advise on the local processes for dealing with someone served notice by their landlord who has no onward accommodation?