Severe Disability Premium

Scottie5

Hi there,
My son is in receipt of ESA (support group) and PIP (higher daily living allowance). He is a joint tenant in a flat in Edinburgh with a chap who is not a relative and who does not claim any benefits. My son filled in and sent off an IS10 form for Severe Disability Premium. The DWP has said he is not eligible as he does not live alone, his flat mate is over 18 and is not receiving a benefit. According to the criteria I have read online (which in itself is confusing) I think his flat mate should be disregarded. I spoke myself to the DWP this morning who again said he was ineligible. When I read out the criteria, they suggested I write to the main office in Wolverhampton. Any advice would be appreciated! Thank you.

Prinzessilein

My understanding of the guidelines is that if you have someone living with you who is over 18 and not claiming benefits, then you are NOT entitled to the Severe Disability Premium...so your son is ineligible.

You could do as suggested and write to the Wolverhampton Office for their ruling.

Scottie5

Thanks for your reply. According to my reading of the criteria, if the other person is a joint tenant they are disregarded.

poppy12345

Scottie5 wrote: »

Hi there,
My son is in receipt of ESA (support group) and PIP (higher daily living allowance). He is a joint tenant in a flat in Edinburgh with a chap who is not a relative and who does not claim any benefits. My son filled in and sent off an IS10 form for Severe Disability Premium. The DWP has said he is not eligible as he does not live alone, his flat mate is over 18 and is not receiving a benefit. According to the criteria I have read online (which in itself is confusing) I think his flat mate should be disregarded. I spoke myself to the DWP this morning who again said he was ineligible. When I read out the criteria, they suggested I write to the main office in Wolverhampton. Any advice would be appreciated! Thank you.

If your son is named on the tenancy agreement and he pays his own share of the rent then he is classed a living alone for the SDP criteria and should be able to claim this premium on top of his ESA.


See link from 44127 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721792/dmgch44.pdf

calcotti

poppy12345 wrote: »

If your son is named on the tenancy agreement and he pays his own share of the rent then he is classed a living alone for the SDP criteria and should be able to claim this premium on top of his ESA.


See link from 44127 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721792/dmgch44.pdf

If they have separate tenancy agreements (i.e. paying for a room in a shared house as in the example at para 44131 ) it is clear that he falls to be treated as living alone. If they are joint tenants each is jointly and severally liable for the whole rent which seems to me slightly less clear cut.

pmlindyloo

calcotti wrote: »

If they have separate tenancy agreements (i.e. paying for a room in a shared house as in the example at para 44131 ) it is clear that he falls to be treated as living alone. If they are joint tenants each is jointly and severally liable for the whole rent which seems to me slightly less clear cut.

It's quite well hidden but is there.
44139 People who are not non dependents
7.2

For some reason I can't copy and post the wording - sorry.

calcotti

pmlindyloo wrote: »

It's quite well hidden but is there.
44139 People who are not non dependents
7.2

For some reason I can't copy and post the wording - sorry.

You're on a roll this afternoon!!. Again I agree with you (it's a reminder that it's necessary to keep reading to see what comes next).

I managed to copy the bit you referred to.

para 44139
People who normally reside with the claimant and are not non-dependants are
...
7. a person or their partner who is not a close relative . . who jointly occupies the claimant’s dwelling and who is
...
7.2 jointly liable with the claimant or partner to make payments to the same landlord for the occupation of the dwelling

Does appear that son should be eligible for SDP. This is logical because I think the reason SDP is not payable when there are family members around etc is because they are expected to help look after you whereas it's not reasonable to assume that a flatmate will.

Scottie5

Thanks everyone. Will send off a letter requesting that they reconsider his claim.

calcotti

Scottie5 wrote: »

Thanks everyone. Will send off a letter requesting that they reconsider his claim.

Recommend you explain the situation as clearly as you can, tenancy arrangement, living arrangements etc. You can quote the guidance referenced in this thread.

calcotti

Have just found this FOI response which is very clear:
https://www.whatdotheyknow.com/request/418468/response/1020146/attach/html/2/FoI%202988%20reply.pdf.html

"The Severe Disability Premium is intended for those severely disabled people who live independently, and who are therefore most likely to need to purchase care. However, it is recognised that there are circumstances when people sharing accommodation should not be expected, or may not be able, to provide care for the disabled person. For this reason, the presence of certain people is ignored when deciding whether or not the disabled person lives alone. This means, for example, that no account is taken of people (other than close relatives of the claimant) who live in the same house because of a commercial arrangement."

Scottie5

That’s great - thanks! Am waiting to hear back from DWP after writing to them earlier in the week, having quoted the various information you supplied earlier. Will be able to use this if we don’t get a satisfactory answer. Thank you very much for your help.