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Sdp

edited 30 November -1 at 1:00AM in Benefits & Tax Credits
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benidorm59benidorm59 Forumite
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edited 30 November -1 at 1:00AM in Benefits & Tax Credits
My friends daughter is in Residential Care and comes homes a few weeks a year to her mother. She has under lying entitlement to DLA mid care and its paid to her at a daily rate when she is home. CAB have told her her daughter should get SDP when she comes home they quoted her this
DMG Volume 1, Paragraph 4 chapter 04558;
Now ESA have refused it, and she is trying to find out the link to this guidance, what it means and does it apply to ESA Thanks in advance
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  • poppy12345poppy12345 Forumite
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    benidorm59 wrote: »
    My friends daughter is in Residential Care and comes homes a few weeks a year to her mother. She has under lying entitlement to DLA mid care and its paid to her at a daily rate when she is home. CAB have told her her daughter should get SDP when she comes home they quoted her this
    DMG Volume 1, Paragraph 4 chapter 04558;
    Now ESA have refused it, and she is trying to find out the link to this guidance, what it means and does it apply to ESA Thanks in advance
    Unless her mother claims a qualifying benefit such as PIP daily living, DLA mid/high rate care or Attendance Allowance then she's not classed as living alone when she's home with her mother, so won't qualify.
  • calcotticalcotti Forumite
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    The guidance you refer to is here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794831/dmgch04.pdf
    This is guidance on the rule that allows the DLA to be paid when she is with mother.

    As poppy says, she will not qualify for the SDP because she is not living alone, unless her mother also gets care part of DLA, daily living PIP or AA.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • benidorm59benidorm59 Forumite
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    In that guidance the example states if a person comes out pf Res Care for the weekend DLA is awarded, he stays with his mother who doesn't get Carers for him then he is entitled to SDP its so confusing I cant cut and paste the full esample
  • MarkN88MarkN88 Forumite
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    benidorm59 wrote: »
    In that guidance the example states if a person comes out pf Res Care for the weekend DLA is awarded, he stays with his mother who doesn't get Carers for him then he is entitled to SDP its so confusing I cant cut and paste the full esample

    She isnt entitled to SDP because when she comes home for whatever period of time she is not living alone, or her mothers isnt claiming a qualifying benefit.
  • edited 20 May 2019 at 10:48PM
    calcotticalcotti Forumite
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    edited 20 May 2019 at 10:48PM
    benidorm59 wrote: »
    In that guidance the example states if a person comes out pf Res Care for the weekend DLA is awarded, he stays with his mother who doesn't get Carers for him then he is entitled to SDP its so confusing I cant cut and paste the full esample

    I can see that you are correct that the example given does say that
    The claimant normally lives in a care home, and receives IS. He is entitled to the highest rate care component of DLA, which is not payable while he is in the care home. He regularly spends weekends with his mother(who does not get CA for caring for him), and DLA is paid for those days. The IS awarding decision can be superseded to award the SDP for the days when DLA is paid.

    I don't understand this as the SDP is normally only payable to people living alone or treated as living alone.

    I note that there is no reference to care breaks in the section on ESA which come later in the document.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • edited 20 May 2019 at 11:06PM
    calcotticalcotti Forumite
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    edited 20 May 2019 at 11:06PM
    Thinking about this a bit more I can see there is an argument for payment of the SDP.

    If daughter normally reside with mother DLA would be paid but SDP could not be paid in ESA because she lives with a non-dependant.

    However daughter normally resides in the care home. She does not normally reside with mother, she is only there temporarily. She cannot be paid SDP while in the care home because the DLA is not in payment. However if DLA is in payment while at mother’s SDP could be payable in the ESA for those weeks because daughter does not normally reside with mother.

    Relevant guidance is here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794990/dmgch44.pdf

    See paragraph 44113, 44125 and 44126.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Bananas123Bananas123 Forumite
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    you don't get SDP if you have a carer...
    sdp is for a persons disability (clue is in the name);as they are being cared for; ("incapable of caring for self"), then the money is rightfully awarded to the person providing the care... ...
    you can't pick and choose your status - "please can i have money for caring for myself in addition to being cared for" ?.
    how about "NO"
  • calcotticalcotti Forumite
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    Bananas123 wrote: »
    you don't get SDP if you have a carer...
    sdp is for a persons disability (clue is in the name);as they are being cared for; ("incapable of caring for self"), then the money is rightfully awarded to the person providing the care... ...
    you can't pick and choose your status - "please can i have money for caring for myself in addition to being cared for" ?.
    how about "NO"

    See the guidance quoted at post 6 for why this logic may be wrong in these circumstances. The rules for SDP in ESA are the same as in IS so this guidance should be applicable.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Bananas123Bananas123 Forumite
    311 posts
    instead - how about you read it ?
    calcotti wrote: »
    I note that there is no reference to care breaks in the section on ESA which come later in the document.
    Paragraph 4 chapter 04558; PEROIDS OF LESS THAN 1 WEEK OUTSIDE CAREHOME... the claimaint is PRECLUDED FROM SDP.


    ...nothing wrong with my logic.
  • calcotticalcotti Forumite
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    Bananas123 wrote: »
    instead - how about you read it ?

    Paragraph 4 chapter 04558; PEROIDS OF LESS THAN 1 WEEK OUTSIDE CAREHOME... the claimaint is PRECLUDED FROM SDP.

    ...nothing wrong with my logic.

    We don’t know whether the stays are for more or less than a week as OP hasn’t told us.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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