Housing Benefit - joint tenant and severe disability premium

yorkshire_grafter

Hi

I wonder if anyone can give me some advice.

Elderly lady in receipt of RP and AA. Lives in a rent property with her daughter. They jointly rent the property (both names are on the tenancy agreement)

My question is….is the elderly lady entitled to the severe disability premium in her claim for housing benefit and council tax support? No one receives carers allowance for looking after her.

Her daughter is not classed as a non dependant as she is a joint tenant but she is a close relative. Is she entitled to the SDP?

Many thanks for taking the time to read this.

marliepanda

Not my area of particular expertise but I thought the person had to be considered to be living alone to get the SDP, or with someone who was disregarded due to disability.

I didn’t think it was an add on for HB OR CTR thoUGH. Does she get the SDP on her other benefit claims? PIP? Income support?

If she just lives with her daughter I wouldn’t have thought so...

tboo

I believe it is possible
As it's a joint tenancy then the claim is for 1/2 - obviously - so the claim will be assessed as if living alone.
The premium will be applied and calculated accordingly - the benefit will not pay more than the 50% due.

I'm not at work so can't look at the procedures but CPAG says so.

The severe disability premium is for severely disabled people who live alone, or can be treated as living alone. You qualify for this premium if you get the middle or highest rate care component of DLA, the daily living component of PIP or either rate of AA and no one gets CA for looking after you.
You will not get it if you live with another person aged 18 or over (eg, a friend or parent), unless s/he is separately liable for rent, you only share a bathroom or hallway, or in some other circumstances.
See CPAG’s Welfare Benefits and Tax Credits Handbook for details.
*Not sure what the other circumstances are so please enquire at your local council

bigbill

To get this premium the joint tenancy would have had to start when they first moved in, if it started later Eg daughter moves in after mum already had the tenancy then adds daughter as a joint tenant then no SDP due.

Mardle

Does the elderly lady get Pension Guarantee Credit?

Missy-D1956

Can you get SDP if you have a lodger in your spare room over the age of 18. No Carers or attendance allowance received by me. He is a lot younger and cant do private things to help like dress or wash. ??
Council told me to get a lodger and it appears that cost me £220 a month ??
Charging very low rent of a £1 a week.
His ill with leukemia and back ache and receiving ESA too

calcotti

It would have been better to start a new topic rather than add onto an old one, however

A lodger liable to pay you on a commercial basis would not affect your SDP. However because you are charging such a nominal sum it is not clear that there is a commercial basis so I think there is some doubt as to whethe4 you can rely on this.

Does the person in question get PIP, DLA or AA? If they do they would be ignored because of that and again your SDP would not be at risk.

Craig1981

Missy-D1956 wrote: »

Can you get SDP if you have a lodger in your spare room over the age of 18. No Carers or attendance allowance received by me. He is a lot younger and cant do private things to help like dress or wash. ??
Council told me to get a lodger and it appears that cost me £220 a month ??
Charging very low rent of a £1 a week.
His ill with leukemia and back ache and receiving ESA too

usually a lodger will mean your SPD is removed, regardless of the rent amount you charge. however, dependant on individual circumstances and benefits they receive. best to speak to your LA council tax department to sort out and find out best option for you

calcotti

when you lived alone you would also have got a 25% discount on your council tax bill (if you claimed it). Now you have a lodger you are no entitled to this and should let the council know. Clearly £1/week is not going to cover this extra cost to you.

In what capacity did the council tell you to get a lodger? Whatever the reason I they are unlikely to have expected you to do it and only charge £1/week.

w06

why are you only charging £1/week that means you have a lodger and all of the financial and space disadvantages of having a lodger but none of the financial advantages - and it wouldn't be considered a commercial tenancy for their purposes either.

Missy-D1956

I charged him £1 a week so it would not affect my money but have since discovered i could have said £20.
He is on ESA and has been told before to claim PIP as he has a blood disorder .
I think that would be best for him and I presume you are saying my SDP will be given back to me if his successful?
I receive DLA and am about to be reassessed for pip does this affect anything ?