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PIP SDP and Nondependents/Dependents

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8 years 2 months ago #153100 by Rabbit55
PIP SDP and Nondependents/Dependents was created by Rabbit55
Hi.

I am sorry if I posted as new topic if this is already been covered before. I am still getting use to the forum.

I have a question on someone's behalf - in regards to PIP severe disability premium and Nondependents/Dependents impact on the claim.

I have someone who has been awarded with PIP on mobility grounds who is qualified for SDP but her SDP claim for PIP (IS10) was rejected on the grounds that her son is classed as a non dependent.

The person in question is in her late 50s. Her son is on higher education (full time) and lives with her. He is in his 20s.

Unfortunately she find it extremely difficult to seek help as she isn't very good with IT, verbal communication; in addition to mobility problems which is extremely frustrating for her. She relies on her son for support in the past but not able to as he is busy. :(

I did some research around non dependents/dependents and it seems that if her son is in full-time education - he would be classed a dependent and wouldn't have a impact on the claimant's claim on benefits. Would that also applied to PIP as well?


Many thanks, and I look forward to any comments and advice given.

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8 years 2 months ago - 8 years 2 months ago #153123 by Gordon
Replied by Gordon on topic PIP SDP and Nondependents/Dependents
Rabbit

To receive the Severe Disability Premium claimants need to meet two sets of criteria, eligibility for the Premium and entitlement to payment.

To be entitled to payment the claimant must be receiving an Income Related benefit such as ESA(IR), Income Support or Pension Credit. If no IR benefit is in payment then they will not receive the SDP even if eligible.

To be eligible for the SDP then the claimant must be receiving an enabling benefit such as DLA MRC or HRC, PIP Daily Living or AA. Your post states that your friend receives PIP for Mobility but does not mention any Daily Living award, if one is not in place then they are not eligible for SDP.

If an enabling benefit is in place then your friend needs to live alone or be considered to be living alone and no one must be caring for them.

Their son is a student, do they live at home or are they residential at their college/university? Their are rules for most benefits that determine where they live.

I'll admit the rules are confusing and may depend on the enabling benefit but as far as I can see if the son is over 18, even though he is still in education, he is classed as being a non-dependant and if he is also classed as living with his mother then this would prevent payment of SDP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by Gordon.

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8 years 2 months ago #153174 by Rabbit55
Replied by Rabbit55 on topic PIP SDP and Nondependents/Dependents
Hi Gordon.

Forgive me as I didn't explained the situation clearly earlier.

Originally, my friend was on income support before they transfer her to ESA (IR) and has her assessment done. I am not sure which group she is in. I think it is the work related group.

Her PIP award, also includes the daily living and the mobility component. Both are standard.

However - the problem is the non dependent part. From the information I have been given, her son doesn't have to pay rent and he is not included in the tenancy contract. He has a student grant which he used for living expenses and towards his studies - full time. He lives at home, he doesn't live in the campus area.

It is confusing as the council acknowledged the situation; that it will not adversely effect her HB and CT support. Is it safe to say he is classed as a dependent?

I assumed what classes as a Non dependent or dependent rule - is "universally" applied across all benefits when applicable (Not referring to UC)? You would think that would be the case wouldn't you? :laugh: It doesn't make any sense as to why some does and some don't... :huh:

I hope this makes things a bit clearer.

Still, I didn't know there was two sets of criteria for SDP. The eligibility for the Premium and entitlement to payment. That news to me! :ohmy:

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8 years 2 months ago #153188 by Gordon
Replied by Gordon on topic PIP SDP and Nondependents/Dependents
Rabbit

If the son is in his 20s then I can't see any way that he will be classed as a dependant. His paying or not paying rent does not determine this and if he living full time with his mother then she won't be considered as living alone.

The only other option would be if he is also receiving an enabling benefit.

Gordon

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

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8 years 2 months ago #153295 by Perdita
Replied by Perdita on topic PIP SDP and Nondependents/Dependents
I need to know about this too. If I met the criteria for SDP with PIP , the only dubious bit being a son residential at uni apart from holidays, would this count as me as living at home alone? I am thinking of a possible future scenario here. Second question if my son fails to get into uni...................this would mean he would be living at home with me, so if I met all the criteria for SDP with PIP, I assume my son living at home and over 18 would be the little bit of criteria that I would meet. However my son is on the autistic spectrum and we stopped claiming DLA and CA when he was 16. But there is no way he could care for me. So how would this work ? Any thoughts please

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8 years 2 months ago #153331 by Gordon
Replied by Gordon on topic PIP SDP and Nondependents/Dependents

Cruella wrote: I need to know about this too. If I met the criteria for SDP with PIP , the only dubious bit being a son residential at uni apart from holidays, would this count as me as living at home alone? I am thinking of a possible future scenario here. Second question if my son fails to get into uni...................this would mean he would be living at home with me, so if I met all the criteria for SDP with PIP, I assume my son living at home and over 18 would be the little bit of criteria that I would meet. However my son is on the autistic spectrum and we stopped claiming DLA and CA when he was 16. But there is no way he could care for me. So how would this work ? Any thoughts please


From your previous posts you have indicated that you won't receive ESA(IR) because you have savings and assets in excess of £16,000, so the Premium can't be paid, although from the above you would not be eligible anyway due to your son living with you.

Gordon

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

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