PIP SDP and Housing Benefit?

Ames

The severe disablement premium is added to means tested benefits such as ESA. It's not something you get on it's own.

damino

ok, so this link http://www.entitledto.co.uk/help/severe-disability-premium and this one http://m.england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/housing_benefit_if_you_are_under_35

is not clear, because it doesn't say anything about requiring a means tested benefit such as ESA.

I see.

Thanks

paragon909

damino wrote: »

An update

I spoke to the ESA people, as they have information about the SDP. They said that the criteria for SDP for people on ESA, may not be online anymore, but on their DWP internal system (which is called "find"), there's an article on Severe Disability Premium, which states criteria as

-Living Alone
-On Income Related ESA
-Nobody claiming carers allowance for you
-Getting Care component of DLA middle or higher. OR PIP

So that seems to be the best we have at the moment, their internal system and nothing online.

Income related ESA is a means tested benefit, I already told you this earlier.

nannytone_2

damino wrote: »

ok, so this link http://www.entitledto.co.uk/help/severe-disability-premium and this one http://m.england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/housing_benefit_if_you_are_under_35

is not clear, because it doesn't say anything about requiring a means tested benefit such as ESA.

I see.

Thanks

yet again ...

you can only get the SDP if you already receive a means tested benefit.
that can be JSA, ESA, Income support OR as a top up to a contributions based benefit.

damino

nannytone wrote: »

yet again ...

you can only get the SDP if you already receive a means tested benefit.
that can be JSA, ESA, Income support OR as a top up to a contributions based benefit.

I don't think you're understanding me. I'm not denying what you said i'm just saying the link wasn't clear.

Bananas123

damino wrote: »

I don't think you're understanding me. I'm not denying what you said i'm just saying the link wasn't clear.

please provide a link for that statement

damino

Bananas123 wrote: »

please provide a link for that statement

Can you not see a post with two links in it, two posts above your post?

It's in the post where I made the statement. Here it is again

"
ok, so this link http://www.entitledto.co.uk/help/severe-disability-premium and this one http://m.england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/housing_benefit_if_you_are_under_35

is not clear, because it doesn't say anything about requiring a means tested benefit such as ESA.

I see.

Thanks
"


^^ That means I am saying the links aren't clear because they don't say anything about requiring a means tested benefit such as ESA. But nevertheless, "I see"(I recognize), that SDP does require a means tested benefit such as ESA, and it is the links that are at fault there for lack of clarity.

Tolly_T

Hi, try searching for HB/CTB 6/2013 which is a circular with the subject "Personal Independence Payment (PIP) – impact for local authorities" on the gov.uk site

42. The Severe Disability Premium is awarded when PIP daily living is in payment
at either the standard or enhanced rate (HB regs schedule 3, 14(2)(a)(i) and HB
(SPC) regs schedule 3, 6(2)(a)(i)).

The Severe Disability Premium in this context is part of housing benefit. The premium increases the applicable amount - the amount of income that is disregarded when calculating HB entitlement. It's not an amount that is actually paid. It may have the same criteria as ESA Severe Disability Premium and other means tested benefits but I don't think you actually have to be receiving a severe disability premium with another means tested benefit to get the exemption from the shared accommodation rate.

As I understand it, and as others have stated, receiving PIP daily living at either rate leads to exemption from the shared accommodation rate. This is because it gives entitlement to the SDP on housing benefit as long as you have no non-dependants living with you and no-one receives Carer's Allowance for looking after you. I think you'd only lose this exemption if you weren't entitled PIP daily living - if you only got PIP mobility or if there was no award.

damino

Thanks Tolly I have found a link to that circular HB/CTB 6/2013

Housing Benefit and Council Tax Benefit Circular
Department for Work and Pensions

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/225700/a6-2013.pdf

---

And the above document aside / besides that.

I also have found a key legal document showing SDP from ESA with any rate of PIP.

I was told on the phone that only income based ESA counts as a criteria for SDP, not contributory ESA.

I notice the following document(from the little i've read) doesn't seem to say it's only for income based ESA. i.e. it doesn't seem to exclude contributory ESA.


The Employment and Support Allowance
Regulations 2008

A 274 page document incorporating changes up to Feb 2016

http://www.legislation.gov.uk/uksi/2008/794/pdfs/uksi_20080794_290216_en.pdf

for Employment and Support Allowance

http://www.legislation.gov.uk/uksi/2008/794/pdfs/uksi_20080794_290216_en.pdf

6.—(1) The condition is that the claimant is a severely disabled person.
(2) For the purposes of sub-paragraph (1), a claimant is to be treated as being a
severely disabled person if, and only if–
(a) in the case of a single claimant, a lone parent[4], a person who has no partner and who is responsible for and a member of the same household as a young
person or a claimant who is treated as having no partner in consequence of sub-paragraph (3)–
(i) the claimant is in receipt of the care component[2], the daily living component[3], armed forces independence payment[5] or attendance allowance;
(ii) subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing; and
(iii) no person is entitled to, and in receipt of, [1] a carer’s allowance or has an award of universal credit which includes the carer element in respect of caring for the claimant;
(b) in the case of a claimant who has a partner–
(i) the claimant is


[2]Para. 4(2) & words in para. 6(2)(a)(i) inserted by reg. 40(5) of S.I. 2013/388 as from 4.3.13.
[3]Word omitted in para. 4(2)(b), para. 4(2)(d) & words inserted in 6(2)(a)(i) by para. 37(5)(a) & (b)(i) of Sch. to S.I. 2013/8591 as from 8.4.13.

So this part "the claimant is in receipt of the care component, the daily living component, armed forces independence payment or attendance allowance;"

Elsewhere, 4(2)b it says "the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act; 3"

So when 6(2)a(i) is referring to the care component it means DLA middle or higher, and when it refers to the daily living component it's referring to PIP care standard or enhanced.

AND (this one from a benefits assessor this time the local council giving me good info.. since I asked them for a reference to what they had said, and now they are saying the right thing)

this link, probably the best and clearest source

http://www.legislation.gov.uk/uksi/2006/213/pdfs/uksi_20060213_290216_en.pdf

The Housing Benefit Regulations 2006
(SI 2006 NO.213, Sch 3)

states that

There are three conditions for this premium:

-the claimant must be receiving one of the following benefits to receive the severe disability premium.
-The middle or highest rate of the care component of disability living allowance
-The standard or enhanced rate of the daily living component of personal independence payment, or
-attendance allowance at either rate, or
-a benefit which is treated as attendance allowance

for the exact quote

"The condition is that the claimant is a severely disabled person..
(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if–
.........he is in receipt of .........the care component of disability living allowance at the highest or middle rate ....... or the daily living component of personal independence payment at the standard or enhanced rate "

nannytone_2

although the SDP is automatically relevant to those receiving income based benefit ( though not automatically paid ... it has to be claimed and is not an automatic part of a claim even when DLA/PIP is in payment) it can also be claimed by people receiving conts based benefit.
in regards to cont based benefit a calculation has to be made regarding household income ( this is because conts based benefit can be paid regardless of savings and other income)

if the household income is low enough ( equivalent or les than income based benefit rates) then a 'top up' of income related benefit will be made.

as said before ...
entitlement to the SDP raises the claimants applicable amount.
that is the amount they are awarded to live on before deductions to existing benefits are made ( housing benefit for example)