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Severe Disability Premium - Complicated scenario

Hello everyone,

This is my first post here and it's a complicated one that I'm hoping might be able to help others who find themselves in a similar situation in the coming months.

I have done my fair share of Googling the issue prior to asking but can't find a straight answer or anything that outlines my particular scenario.

Okay, time to quit the waffle. I'm currently in receipt of ESA (support group) and PIP (enhanced daily living), my mother gets carer's allowance for looking after me. I also have a friend who is in receipt as the same benefits as myself and we have discussed the idea of house-sharing as we wouldn't be able to afford it if we had our own individual places.

My mother will still continue to look after me on a day-by-day basis but not for the needed 40 hours a week to honestly qualify for carer's allowance, the same goes for my friend who is looked after by their mother.

What we are wondering is as we are on the old-style benefits and not universal credit (we have not been migrated). Would we be able to claim the severe disability premium after cancelling our respective mothers' carer's allowance?

The reason I am asking this is although I know we qualify for the SDP as we are receiving qualifying benefits, I am not sure if this is possible as the area we both live in is a Full Service Universal Credit area.

Confusing but I'm thinking us being on the old benefits would allow us to claim SDP and then keep it until a change in circumstances or until we are transferred onto UC at a later date resulting in transitional protection being applied to our claims.

Thanks for anyone who can make sense of what would happen in this scenario. It's extremely important and this extra money is the difference between us being able to afford to move out safely and be able to live within our means so if we wouldn't be allowed to claim UC we will need a rethink. I'm sure someone will suggest not cancelling our Mothers' Carer's Allowance claims and asking them to send us the money the receive but I don't want to do anything against the law!

Thank you in advance :).
«13

Comments

  • poppy12345
    poppy12345 Posts: 18,516 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    If you don't currently claim housing benefit then a new claim for housing benefit wouldn't be possible, it would be UC for the housing element. Once you claim UC then your ESA will move across, then you won't be able to claim the SDP.
  • poppy12345
    poppy12345 Posts: 18,516 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    igwd wrote: »
    I'm sure someone will suggest not cancelling our Mothers' Carer's Allowance claims and asking them to send us the money the receive but I don't want to do anything against the law!
    Why on earth would you think someone would advise that? If you move and your mother doesn't look after you for at least 35 hours a week then she wouldn't be entitled to the carers allowance.
  • igwd
    igwd Posts: 16 Forumite
    Third Anniversary 10 Posts
    edited 27 December 2018 at 1:24AM
    poppy12345 wrote: »
    Why on earth would you think someone would advise that? If you move and your mother doesn't look after you for at least 35 hours a week then she wouldn't be entitled to the carers allowance.

    I thought it might be advised by someone as she will still be caring for me 20+ hours most weeks but not 35+ week-in and week-out, small fib but as mentioned I don't want to go down that road.

    EDIT: I have just checked my local council's website and there is an option to make a housing benefit claim. It does also say that if renting privately (like my friend and I intended) then you need to submit a Local Housing Allowance form. Does this information change the need to be migrated to UC and then no longer eligible for the SDP?

    Also just to clarify, if I were to make a claim to try and cover my rent. I'm right in thinking that would trigger me being migrated to Universal Credit and being hundreds of pounds a month worse off? So basically moving out (ironically) would likely make me homeless after a few months and forcing me into moving back home with my parents?
  • poppy12345
    poppy12345 Posts: 18,516 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    I believe all areas are a full UC area now, as of a few weeks ago so you won't be able to make a new claim for housing benefit. Local housing allowance, is housing benefit.



    As you don't claim SDP at the moment then LCWRA under UC pays slightly more than Support Group for ESA. If you did move and claimed UC then your ESA will transfer to UC as stated in my other comment. You'll also need a tenancy agreement to be able to claim the housing element of UC.



    Also bare in mind that a lot of landlords won't accept those claiming benefits, this may not be as easy as you think. It really depends on where in the country you live. Some areas are more difficult than others.
  • TELLIT01
    TELLIT01 Posts: 17,095 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    poppy12345 wrote: »
    Why on earth would you think someone would advise that? If you move and your mother doesn't look after you for at least 35 hours a week then she wouldn't be entitled to the carers allowance.


    Probably because in the past it was far from uncommon for some muppet to come on basically suggesting fiddling the system. Thankfully it's something I haven't seen for quite some time.
  • pmlindyloo
    pmlindyloo Posts: 13,062 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    igwd wrote: »
    Hello everyone,

    This is my first post here and it's a complicated one that I'm hoping might be able to help others who find themselves in a similar situation in the coming months.

    I have done my fair share of Googling the issue prior to asking but can't find a straight answer or anything that outlines my particular scenario.

    Okay, time to quit the waffle. I'm currently in receipt of ESA (support group) and PIP (enhanced daily living), my mother gets carer's allowance for looking after me. I also have a friend who is in receipt as the same benefits as myself and we have discussed the idea of house-sharing as we wouldn't be able to afford it if we had our own individual places.

    My mother will still continue to look after me on a day-by-day basis but not for the needed 40 hours a week to honestly qualify for carer's allowance, the same goes for my friend who is looked after by their mother.

    What we are wondering is as we are on the old-style benefits and not universal credit (we have not been migrated). Would we be able to claim the severe disability premium after cancelling our respective mothers' carer's allowance?

    The reason I am asking this is although I know we qualify for the SDP as we are receiving qualifying benefits, I am not sure if this is possible as the area we both live in is a Full Service Universal Credit area.

    Confusing but I'm thinking us being on the old benefits would allow us to claim SDP and then keep it until a change in circumstances or until we are transferred onto UC at a later date resulting in transitional protection being applied to our claims.

    Thanks for anyone who can make sense of what would happen in this scenario. It's extremely important and this extra money is the difference between us being able to afford to move out safely and be able to live within our means so if we wouldn't be allowed to claim UC we will need a rethink. I'm sure someone will suggest not cancelling our Mothers' Carer's Allowance claims and asking them to send us the money the receive but I don't want to do anything against the law!

    Thank you in advance :).

    New regulations are being brought in that claimants (like yourself) who are eligible for the SDP with their ESA will not be naturally migrated to Universal Credit until they are called for managed migration and receive a transitional protection.

    https://www.gov.uk/government/publications/draft-universal-credit-managed-migration-regulations-2018-ssac-report-and-government-statement/the-universal-credit-transitional-provisions-managed-migration-amendment-regulations-2018-letter-from-the-secretary-of-state-for-work-and-pension

    As you can read this was due to be brought in on 16th January 2019. However, this date is not fixed as far as I know.

    But it will happen. So, you may have to delay moving.

    In the meantime I suggest that you and your friend ask for benefit check ups (perhaps from CAB) and find out exactly what your budget will be. Also, look up your local housing allowance so that you know how much HB you will receive and base property hunts on this. Also, a time to look around for places to live and see what is available and to find all the bits and pieces you will need for your new home. Just don't buy anything or sign a contract until you have firm confirmation that you will not be transferred to UC when making a new HB claim. Exciting times!

    It is also worthwhile speaking to your local council as I have heard some councils are already allowing claimants with SDP to claim HB and not UC.

    Don't forget you will need to tell the DWP about your change of circumstances so that the SDP can be added and also cancel the CA awards. Plus, make a council tax reduction application (usually done with your HB application.)

    Good luck!
  • poppy12345
    poppy12345 Posts: 18,516 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    pmlindyloo wrote: »
    New regulations are being brought in that claimants (like yourself) who are eligible for the SDP with their ESA will not be naturally migrated to Universal Credit until they are called for managed migration and receive a transitional protection.
    I thought this was only for those who are currently claiming the SDP. The OP isn't eligible for SDP because they live with their mother. This means that the new regulations won't affect the OP surely? So if they moved then they would have to claim UC?
  • pmlindyloo
    pmlindyloo Posts: 13,062 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    poppy12345 wrote: »
    I thought this was only for those who are currently claiming the SDP. The OP isn't eligible for SDP because they live with their mother. This means that the new regulations won't affect the OP surely? So if they moved then they would have to claim UC?

    I understand where you are coming from.

    I think it might be a matter of timing. So, after the regs come into force, notify of change of circumstances to the DWP and get SDP awarded first and then apply for HB. As the OP would be in receipt of the SDP then they should not be migrated to UC.

    Alternatively (and possibly simpler) if finances allow, move into new home, notify ESA of change of circumstances and get SDP awarded, do not claim HB, wait for new regs to pass and then apply for HB.

    Possible?????
  • Can SDP still be paid if you are living with another adult as the OP intends to do?
  • poppy12345
    poppy12345 Posts: 18,516 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper
    Can SDP still be paid if you are living with another adult as the OP intends to do?
    Yes as clearly mentioned in the first post the OP they intend to live with also claims a qualifying benefit.
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