Severe Disability Premium and non-dependents

Hi im new (posting) here. just a quick query which I hope someone might be able to help me with.

I have been on ESA contribtions based since Nov 2008 in the work activity group. My disability living allowance was recently reviewed and increased so that I am now on high rate care and high rate mobility. I recently sent the award letter to the housing benefit team to update them on my circumstances. They advised me that I should claim the severe disability premium. I called DWP and they sent me a form which I filled in and returned. About 1 week later i received a payment into my bank account. As the payment was irregular I rang the ESA dept to query it and was told it was the back pay for disabled earnings guarantee at £13.85 per week.

I queried the severe disability premium and was told that I was not entitled to it because my 19 year old son lives with me (even though he is in full time education and I still receive child benefit and tax credits for him - he has no income of his own). Also, he only turned 19 in June and I was award dla high rate care from March. Anyway i said that the housing benefit team had advised me that I was entitled to this as my son is classed as a young person. However, the dwp said he is only classed as a young person for tax credit purposes and that he is still considered a non-dependent. Is this correct or have they made a mistake? I am wondering whether to push the issue but i dont want to go making waves in case the housing benefit team have given me incorrect advice. I just wondered if anyone might know the rules.

Thanks in advance for any help anyone can give me.

K

I'm guessing that this comes under advice for individual claims so I apologise for this post. I was only asking if anyone knew the rules regarding non-dependents.

Unfortunately it's true - whilst you've got someone over 18 living as part of your household, you can't get severe disability premium. However, they may be able to get carer's allowance/premium on IS/ESA if relevant.

Hi K

It may be worth contacting CAB they have been extremly helpful with my benefits. They will guide you in the right direction for personal queries.

Kind regards
Julie

Thank you Julie and Survivor for your responses and advice.

Just for info, I telephoned the benefits enquiry line and they advised that if you have an 18-19 year old young person living with you and they are still in education (commenced before their 19th Birthday) and you receive tax credits and child benefit for that young person, they are classed as dependents and therefore you can claim the SDP.

The lady at the benefits enquiry line even told me to refer the DWP to her should they challenge this information.

Hi there

Good on ya for being persistant push it all the way!!! I feel they rely too much on people giving up in claiming what you should be getting!!! I tell you what i would swap my lifestyle with anyone who is healthy and that includes my SDP, no one chooses to be disabled. Mmmmmmmm i wonder what other benefits we should be getting but are told we are not entitled to!!!! The extra SDP is worth approx £50 a week to you so they will have to backpay you, i am sure this will help you a lot!! Just out of curiosity were you on at least DLA MRC from 2008? If you were they will have to backpay you from then!!! Good luck and please let us know how it goes!!!

Best wishes
Julie