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Severe Disability Premium and 'living alone'
- bitofakerfuffle
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10 years 10 months ago - 10 years 10 months ago #121577 by bitofakerfuffle
Severe Disability Premium and 'living alone' was created by bitofakerfuffle
Hi,
I hope you are able to help: I am planning to challenge my status in that I am not in receipt of SDP, even though, from the regulations, it appears I can be counted as living alone.
Facts:
From 2008 - 2009, I lodged as I rented a room from my aunt. She owns this property. I was not part of her household. I did not receive HB as we were erroneously informed as she was a relative, I could not claim. She received Second Adult Rebate from the council as per her CTX for my residing in her premises on ESA.
2009 - 2011: I lodged with a friend of my father's, as per a seaparate household. I received SRR LHA and a full CTX bill was presented, with me knocked off as SMI. He owns the house.
Early 2011 - Late 2011: I lodged with a friend of my late mother's as a separate household to her and her two sons. I recieved SRR LHA. Full CTX bill paid. She owns the house.
Late 2011 - Late 2012: rented self-contained flat. Was not invited to apply for SDP on the ESA. Can get that council to send me a copy of SPD bill if required. LHA paid the rent.
Late 2012 - Jan 2014 returned to late mother's friend. See previous example.
Jan 2014 - Date: lodge in a room owned by a friend of mine and his grandfather. Full CTX bill paid. SRR LHA pays the rent.
I note if lodgers are residing in the same property as the owners, I would stil be counted as residing alone. Please advise. All of the above are happy to confirm the respective situations to the DWP.
Grimsby DWP office tell me one has to apply, and that it is not automatically added.
Kind regards.
I hope you are able to help: I am planning to challenge my status in that I am not in receipt of SDP, even though, from the regulations, it appears I can be counted as living alone.
Facts:
From 2008 - 2009, I lodged as I rented a room from my aunt. She owns this property. I was not part of her household. I did not receive HB as we were erroneously informed as she was a relative, I could not claim. She received Second Adult Rebate from the council as per her CTX for my residing in her premises on ESA.
2009 - 2011: I lodged with a friend of my father's, as per a seaparate household. I received SRR LHA and a full CTX bill was presented, with me knocked off as SMI. He owns the house.
Early 2011 - Late 2011: I lodged with a friend of my late mother's as a separate household to her and her two sons. I recieved SRR LHA. Full CTX bill paid. She owns the house.
Late 2011 - Late 2012: rented self-contained flat. Was not invited to apply for SDP on the ESA. Can get that council to send me a copy of SPD bill if required. LHA paid the rent.
Late 2012 - Jan 2014 returned to late mother's friend. See previous example.
Jan 2014 - Date: lodge in a room owned by a friend of mine and his grandfather. Full CTX bill paid. SRR LHA pays the rent.
I note if lodgers are residing in the same property as the owners, I would stil be counted as residing alone. Please advise. All of the above are happy to confirm the respective situations to the DWP.
Grimsby DWP office tell me one has to apply, and that it is not automatically added.
Kind regards.
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #121586 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Severe Disability Premium and 'living alone'
bitofakerfuffle
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
For a claimant to receive the Severe Disability Premium they need to be eligible for the premium and entitled to payment.
The following is not a complete list of the requirements
In regard to eligibility the claimant must be ;
-> in receipt of a qualifying benefit
- DLA Medium or Higher Rate Care
- PIP Care award
- AA Care award
-> nobody must be in receipt of Carers Allowance for the claimant
-> the claimant must be deemed as living alone
For entitlement to payment;
-> the claimant must be in receipt of an income related benefit
- ESA(IR), JSA(IR), Income Support, Pension Credit, UC
Although the premium can be backdated to when eligibility occurred (subject to entitlement to payment), this is not automatic, the claimant needs to make a declaration (I believe this is usually an IS10 form), about their status, as you have had a number of dwellings I would expect you to have to make such a declaration for each one.
Whilst a separate tenancy should be sufficient for SDP as a number of these were with relatives or friends I think it likely that the DWP will ask for additional proof that you actually met the criteria for living alone, this will include but is not limited to your having a separate rent book, your own bedroom and living areas, all you can share is a kitchen or bathroom.
I have to warn you that the rules can be quite complicated and a very much subject to the view that the DWP Decision Maker takes on your arrangements.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
For a claimant to receive the Severe Disability Premium they need to be eligible for the premium and entitled to payment.
The following is not a complete list of the requirements
In regard to eligibility the claimant must be ;
-> in receipt of a qualifying benefit
- DLA Medium or Higher Rate Care
- PIP Care award
- AA Care award
-> nobody must be in receipt of Carers Allowance for the claimant
-> the claimant must be deemed as living alone
For entitlement to payment;
-> the claimant must be in receipt of an income related benefit
- ESA(IR), JSA(IR), Income Support, Pension Credit, UC
Although the premium can be backdated to when eligibility occurred (subject to entitlement to payment), this is not automatic, the claimant needs to make a declaration (I believe this is usually an IS10 form), about their status, as you have had a number of dwellings I would expect you to have to make such a declaration for each one.
Whilst a separate tenancy should be sufficient for SDP as a number of these were with relatives or friends I think it likely that the DWP will ask for additional proof that you actually met the criteria for living alone, this will include but is not limited to your having a separate rent book, your own bedroom and living areas, all you can share is a kitchen or bathroom.
I have to warn you that the rules can be quite complicated and a very much subject to the view that the DWP Decision Maker takes on your arrangements.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bitofakerfuffle
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10 years 10 months ago - 10 years 10 months ago #121591 by bitofakerfuffle
Replied by bitofakerfuffle on topic Severe Disability Premium and 'living alone'
Hi Gordon
Many thanks - I meet the criterion of no one ever receiving CA, and on MRC / LRM DLA.
The only things i did share was the kitchen and bathroom. There was no separate rent book, merely in the case of father's friend the LHA came into my a/c and I sent it to his.
It does sound tricky on that front, and not worth pursuing.
Many thanks - I meet the criterion of no one ever receiving CA, and on MRC / LRM DLA.
The only things i did share was the kitchen and bathroom. There was no separate rent book, merely in the case of father's friend the LHA came into my a/c and I sent it to his.
It does sound tricky on that front, and not worth pursuing.
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #121594 by Gordon
You don't mention a benefit that entitles payment?
It is tricky, but if you qualify then SDP is an extra £60 (approximately) a week.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Severe Disability Premium and 'living alone'
bitofakerfuffle wrote: Hi Gordon
Many thanks - I meet the criterion of no one ever receiving CA, and on MRC / LRM DLA.
The only things i did share was the kitchen and bathroom. There was no separate rent book, merely in the case of father's friend the LHA came into my a/c and I sent it to his.
It does sound tricky on that front, and not worth pursuing.
You don't mention a benefit that entitles payment?
It is tricky, but if you qualify then SDP is an extra £60 (approximately) a week.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bitofakerfuffle
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10 years 10 months ago #121599 by bitofakerfuffle
Replied by bitofakerfuffle on topic Severe Disability Premium and 'living alone'
And ESA (IR) aside from when I was briefly employed, and of course, came off ESA (IR), and hence no SDP would be applicable.
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