ESA Severe disability premium

stev_en

Hello,

I am on ESA IR support group and I was getting Severe disability Premium while living alone. My friend and I recently moved together and I was sent some change of circumstance forms. I filled them in and listed my friend as my carer as I thought he would be classed as my carer because he does help me out. Now I no longer get severe disability premium.

I want to phone DWP and tell them I made a mistake as he cannot be my carer as although he does help me out he helps as a friend and I have found out that a carer has to provide care for at least 35 hours a week and as he works Full time he cannot. I'm just worrying what they'll say.

I have also read that to get SDP you have to live alone but even if there is someone else living in the same property you can still be classed as living alone, as long as there are no non dependants.

Can someone please give me some advice.

Thank you

fed_up_and_stressed

Non-dependants
44119 Non-dependants are
1
people who are aged 18 or over who
1. normally reside with the claimant or
2. the claimant normally resides with (see DMG 44125)

Any person who is not a close relative of you are your partner and jointly occupies your dwelling as a co-owner or who is sharing liability to make rent payments or is a joint tenant cannot count as a non dependant. This includes any person who is liable to make payments on a commercial basis for the occupation of the dwelling (ie a lodger)
(See DMG 44139).

stev_en

DWP were saying that as a Carer is living with me (as I listed him as my carer) I am not eligible for the SDP.
The carer is also a joint tenant.
I've read on the Decision Makers Guide on point 10 of People who are not non-dependants:

10.
a person, including a close relative who
10.1 joins the claimant’s household for the first time to care for the claimant or partner and
10.2 immediately before joining either the claimant or partner satisfied the conditions for SDP.

Even though he did not JOIN my household technically, we moved in together at the same time, this proves that a carer can be living with me and I can still get SDP. I asked DWP nearly three weeks ago for a list of reasons why I am not getting the SDP now. They said they would send a letter out but still havent got one.

TELLIT01

The underlying issue is that you declared him as your Carer so now you will have to provide evidence that it is not the case. Somebody working full time does not prevent them from also being classed as a carer.

pmlindyloo

TELLIT01 wrote: »

The underlying issue is that you declared him as your Carer so now you will have to provide evidence that it is not the case. Somebody working full time does not prevent them from also being classed as a carer.

I agree with the first part but not the second

Carer's allowance actually has to be in payment before it affects any SDP.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/540819/dmgch44.pdf

44156

OP, you should be eligible for SDP as your friend is a joint tenant and is not receiving CA for you.

Telephone them and ask them what proof you need to provide. eg your tenancy agreement.

Not sure they can ask for proof of your friend not receiving CA for you.

Anyone know?

Diary

pmlindyloo wrote: »

I agree with the first part but not the second

Carer's allowance actually has to be in payment before it affects any SDP.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/540819/dmgch44.pdf

44156

OP, you should be eligible for SDP as your friend is a joint tenant and is not receiving CA for you.

Telephone them and ask them what proof you need to provide. eg your tenancy agreement.

Not sure they can ask for proof of your friend not receiving CA for you.

Anyone know?

The carers unit can do a letter to say that no-one is getting carers allowance for a specified person. So the OP can ask for proof in letter form from the carers unit no-one claims carers for him.

They cannot, if I believe what they told me, do the same sort of letter about the person who is actually doing the caring. Would be much simpler if depts talked to each other.

fed_up_and_stressed

pmlindyloo wrote: »

I agree with the first part but not the second

Carer's allowance actually has to be in payment before it affects any SDP.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/540819/dmgch44.pdf

44156

OP, you should be eligible for SDP as your friend is a joint tenant and is not receiving CA for you.

Telephone them and ask them what proof you need to provide. eg your tenancy agreement.

Not sure they can ask for proof of your friend not receiving CA for you.

Anyone know?

You seem to have missed the fact the friend is just a joint tenant.


The rules about joint tenants are clear -

If you share your property with joint tenants e.g. a flat share they are not classed as non-dependants. This is because they (the friend) is seperately liable to make payments to the landlord for the occupation of the dwelling (assuming it is a joint tenancy for the entire property).

Ste ven - its a shame you didn't read the rest of the bit of the DMG section you quoted. DMG 44139 10 actually has a Note 2 which states that 10 only applies for the first twelve weeks from the date that person joins the household.

stev_en

So do you mean He is counted as NOT a Non-dependant for only the first twelve weeks of him moving in. Thats what I understand from it. Then I would only be able to claim SDP for the first twelve weeks if he was my carer?

We have not been here 12 weeks yet but from what I think this means is that He would only be counted as NOT a Non-dependant for the first twelve weeks of him living here maximum. I don't think this means I have twelve weeks to claim SDP from the date he moves in with me.

Just a reminder that we moved in together at the same time as well. As it says 10.1 joins the claimant’s household for the first time to care for the claimant or partner, I dont know if they mean I had to be living there first and then he moves in or if this counts when we both move in together like we did.

I have read as well that carer's allowance actually has to be in payment before SDP can be stopped and CA is NOT in payment to him. The decision maker at DWP said its because the carer is living here with me. I mentioned about him NOT being a non-dependant but he said as he's living there with me I'm Not eligible for it. However he did say he would send it to another decision maker.

I phoned again a few days later and they said the second decision maker came to the same result.
I asked the person on the phone to send a list of reasons why I'm not entitled to it and asked about appealing and he asked what I would be appealing against. They didn't send me a letter of reasons like he said he was going to. It was closing time but he said he would get a letter sent out but it hasn't come.

Anyway my friend is not my carer so what do you think I should do? I have been down to CAB a few weeks ago and they wrote me a quick letter to DWP explaining that I made a mistake on the Change of Circumstance form and that I don't have a carer even though I ticked and said I do as I thought I did because he does help me out but as a friend.

I have not sent this letter as I was wondering what to do and I wanted to retype and edit it a bit.

This is causing a lot of anxiety and it's been on my mind for months now.

Thank you for the replies

stev_en

fed_up_and_stressed wrote: »

You seem to have missed the fact the friend is just a joint tenant.


The rules about joint tenants are clear -

If you share your property with joint tenants e.g. a flat share they are not classed as non-dependants. This is because they (the friend) is seperately liable to make payments to the landlord for the occupation of the dwelling (assuming it is a joint tenancy for the entire property).

Ste ven - its a shame you didn't read the rest of the bit of the DMG section you quoted. DMG 44139 10 actually has a Note 2 which states that 10 only applies for the first twelve weeks from the date that person joins the household.

forgot to quote this

stev_en

I just got another form about SDP asking me for details again. It's similar to the one I got before

Ames

Send the letter CAB wrote. They're experts and know what the letter should say and how to say it.