renting a studio, and Severe Disability Premium

damino

It's possible (at least sometimes) to get SDP(severe disability premium) without filling in the form, because if you're entitled to it, and you apply for LHA(Local housing allowance), you have provided all the information they need to see if you are entitled to SDP and they can award SDP.

I'd add, I had an issue with my local council, where they were convinced I am not entitled to one bedroom rate (i'll call it 1BR). i.e. only to shared rate / single room rate(SRR).

The way I dealt with it, was I spoke to Shelter they said yeah i'm entitled to 1BR. And I asked for the text.. They said I can reference-
CPAG – child poverty action group. Welfare Benefits and Tax Credits Handbook
Page 440 halfway down, states exceptions, and top one states, if I qualify for SDP as part of your housing benefits then I would be exempt (from the shared room rate).
They also suggested the local CAB.. to help me argue it if necessary.

I called the council again, but this time, I didn't go straight to giving them my details.('cos then it'd go straight to asking the assessor who would say no). First, I asked them what the rule was.. The person thought it was only higher rate, then I insisted it was middle too, they checked with a colleague and the colleague said middle or higher. Then I said OK can you check my case, I gave my details, Then she said I was not entitled to it.. I said I am, 'cos DLA MRC(middle rate care) entitles me. She spoke to the assessor who said I was not. The call could've ended there, but I asked her what text she could refer me to to see the rule. In asking, a colleague told her I am eligible, and showed her where in the text, and insisted, contrary to the assessor, that he was right, I was entitled, and that he'd had this argument a few times. The assessor said he'd turned people down a few times, and that he was right. The other guy said he's argued it a few times , with different people and its been overturned, and he was right. In the meantime the woman on the phone said the book they use is not publicy available but it's called the shak book(I didn't get the spelling) but then I got the author and ISBN (no doubt it is available) "ISBN 9781905018901

GUIDE TO HOUSING BENEFIT AND COUNCIL TAX BENEFIT 2012-13
by Martin Ward Sam Lister
Publisher: SHELTER PUBLICATIONS
"
I told the person on the phone that Shelter had told me I was entitled(as well as other councils's e.g. their websites). The person on the phone then said i'd need SDP not just to be entitled to it, but to get it. (I wasn't sure about the correctness of that, but I said ok i'll do that), then she said, before I go through all that, she wants to check if I really need to 'cos maybe they can sort it out now. (She might've suggested that actually it's automatic, and I wouldn't have to fill in a form for SDP, if I was entitled to it I should get it). I had (willingly) held the line.. though She asked if she could call me back in 1 hour. I said yes. Got a call back, she said they've corrected it and i'm now in receipt of full amount(which was and is paid to the landlord as i'd requested).

For anybody that can't parse all that, understand "it got resolved".

A key was asking them where in the text it says what they claim.. Like, the assessor thought I needed an overnight carer. (though it's almost the opposite that is the case). When looking to answer that question, the person naturally ended up getting help from somebody that knew his stuff. But also it makes sense to determine what justification somebody has for their position in order to see if it's correct. In a previous phone call somebody suggested that the council have this rule that an overnight carer is needed, even if other councils allow it, but it's not so, and asking them to point out where in TEXT, (even if it's in a private handbook or in a book they think is not publicy available, or a book that is not publicy available ), it is a good way to determine what is correct and to show them what is correct, or for them to see for themselves, what is correct

fluffymovie

I see this thread got very confused but for anyone else reading this....

With some benefits, you have to apply for the SDP but for Housing Benefit / Local Housing Allowance you don't.

We calculate your award based on your circumstances and your applicable amount (what the Govt say you need to live on per week to cover basic costs) This is made up of a personal allowance that everyone in that criteria is entitled to (single person, couple, child etc) and then premiums which only some people are entitled to (family, disability, enhanced disability, severe disability, carer and so on)

Based on your income and circumstances, most HB assessment systems will give the correct premiums with minimal involvement from an assessment officer but if they didn't load the DLA for example, then the system wouldn't have done this.

To qualify for an SDP you must meet the following criteria
1 - You must receive DLA Care Middle or Higher
2 -You must have no non dependents living with you
3 - No one must be receiving carers allowance for you