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TOPIC: ESA rules for severe disability premium

ESA rules for severe disability premium 1 month 3 weeks ago #171066

Hello

I can honestly say this year has been the most stressful of my life - changing to pip, having all my benefits stopped for 2 months due to not attending an ESA medical for which I received no appointment letter, reminder or reason for not attending letter!

I very nearly lost my home as I had NO income for over 2 months which stopped my housing benefit etc.

Gordon's support when I've been able to access it (broadband cut off) whilst dealing with the UP & downs has been fantastic and greatly appreciated and last week I finally had my ESA reinstated after a mandatory reconsideration and I have finnaly had my PIP claim awarded at the same amount as DLA of highest rate care & mobility for 3 years! What a huge relief

During this time my daughter moved in to support me as I could not pay for any care and also I have been adjusting to and with her help, assessing my worsened care needs as I truly believe the immense stress this has all caused, starting from last November, has had a very negative effect on my wellbeing, both physically and most definitely mentally.

So last week I was told that I would be receiving back pay of my ESA including back pay of my severe disability premiums because they stopped in may when my DLA stopped. Chasing it up today I have been told that I am probably now no longer entitled to it and may actually owe them some money because my daughter is staying with me! I tried to explain she is here because I couldn't afford care and that also my physical needs had changed so my previous Carer was no longer suitable as she was really a home help more than anything and I now need a lot more help bathing, dressing and dealing with personal hygiene.

* In the details you list about premiums one of the things it states to be eligible is:

•live alone (there are exceptions to this rule)

Could you please help me with what these exceptions are?

My daughter was hoping to move out ASAP as she is sleeping on a sofa.

*Also can Carer's allowance be backdated if it is an alternative option for my daughter to claim? My daughter has a new born & 4yr old and is currently claiming working tax credit as a self-employed graphic designer though she isn't making any money as yet as she desperately needs to improve her equipment and sortware etc. as she was a childminder before she came to stay with me.

Thank you Benefits & Work - fantastic guides and great support x
Special thanks to Gordon xx

Kind regards Karen xx
The administrator has disabled public write access.

ESA rules for severe disability premium 1 month 3 weeks ago #171081

  • Gordon
  • OFFLINE
  • Forum Moderator
Unite

Many congratulations on getting the ESA Decision overturned, it's not easy to get a non attendance Decision revised so very well done.

Re the SDP. In simple terms the claimant needs to be living alone or considered to be living alone. You can be considered as living alone if the other person is also receiving an SDP enabling benefit, for example PIP Daily Living, however this does not seem to be the case. There are also some exemptions if it is an adult child still in education, but again I assume this does not apply.

I would take a different tack if you think that you can prove it and state that your daughter is not living with you, that she is in fact staying with you on a temporary basis and therefore you still qualify. You would need to show that she has still maintained a separate address and that this is her normal place of abode.

As to her claiming Carers Allowance. She needs to be able to provide 35 hours of care a week and must not be earning more than £110 per week after deductions. If she makes a claim it should be possible to back date it by up to three months. Claiming CA would enable a claim for Income Support if her circumstances allow. If she is already receiving this then it would allow her to continue to receive IS after her child turns 5.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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