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  • FIRST POST
    • yorkshire grafter
    • By yorkshire grafter 6th Nov 17, 8:25 PM
    • 62Posts
    • 29Thanks
    yorkshire grafter
    Housing Benefit - joint tenant and severe disability premium
    • #1
    • 6th Nov 17, 8:25 PM
    Housing Benefit - joint tenant and severe disability premium 6th Nov 17 at 8:25 PM
    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.
Page 1
    • marliepanda
    • By marliepanda 6th Nov 17, 9:11 PM
    • 6,258 Posts
    • 13,366 Thanks
    marliepanda
    • #2
    • 6th Nov 17, 9:11 PM
    • #2
    • 6th Nov 17, 9:11 PM
    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
    • By tboo 7th Nov 17, 6:52 PM
    • 701 Posts
    • 4,073 Thanks
    tboo
    • #3
    • 7th Nov 17, 6:52 PM
    • #3
    • 7th Nov 17, 6:52 PM
    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
    Started on the No Clutter thread - 25/01/2018
    “You’re only here for a short visit. Don’t hurry, don't worry and be sure to smell the flowers along the way.” —Walter Hagen
    Mortgage free 2/07/18. 9 years early

    • bigbill
    • By bigbill 7th Nov 17, 8:05 PM
    • 762 Posts
    • 447 Thanks
    bigbill
    • #4
    • 7th Nov 17, 8:05 PM
    • #4
    • 7th Nov 17, 8:05 PM
    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
    • By Mardle 7th Nov 17, 9:05 PM
    • 386 Posts
    • 783 Thanks
    Mardle
    • #5
    • 7th Nov 17, 9:05 PM
    • #5
    • 7th Nov 17, 9:05 PM
    Does the elderly lady get Pension Guarantee Credit?
    • Missy-D1956
    • By Missy-D1956 6th Aug 18, 7:14 PM
    • 10 Posts
    • 0 Thanks
    Missy-D1956
    • #6
    • 6th Aug 18, 7:14 PM
    • #6
    • 6th Aug 18, 7:14 PM
    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
    • By calcotti 6th Aug 18, 7:28 PM
    • 119 Posts
    • 55 Thanks
    calcotti
    • #7
    • 6th Aug 18, 7:28 PM
    • #7
    • 6th Aug 18, 7:28 PM
    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
    • By Craig1981 7th Aug 18, 5:28 AM
    • 135 Posts
    • 57 Thanks
    Craig1981
    • #8
    • 7th Aug 18, 5:28 AM
    • #8
    • 7th Aug 18, 5:28 AM
    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
    Originally posted by Missy-D1956
    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
    • By calcotti 7th Aug 18, 7:43 AM
    • 119 Posts
    • 55 Thanks
    calcotti
    • #9
    • 7th Aug 18, 7:43 AM
    • #9
    • 7th Aug 18, 7:43 AM
    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.
    Last edited by calcotti; 07-08-2018 at 8:32 AM.
    • w06
    • By w06 7th Aug 18, 8:15 AM
    • 694 Posts
    • 1,004 Thanks
    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.
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