Eligibility for Severe Disability Premium

I need some help understanding if I am eligible for SDP, as I was made aware that in my situation I may be eligible, but the Jobcentreplus won't directly answer my question whenever I ask it, and start talking about other things.

Basically, I just went through an appeal and have been awarded DLA at the highest rate for both Care and Mobility. I also receive ESA and Enhanced Disability.

My situation is that I live in my parent's home, but there is no relationship between my mother and father and they do not share any rooms, only the hall and toilet. I only stayed there to support my mother, but since summer 2008 I am now disabled myself.

I share rooms, kitchen, etc with my mother who is also receiving DLA at high rates. With regards my father (he is over 75 and receiving state pension) I never see him in the house as we share nothing. The only thing we share is the hallway and the toilet. I was told that because of the situation I should receive SDP, but Jobcentreplus say I can't get it as my father lives there.

When I state that we only share the hallway and toilet and nothing else (as I entered that on the form), the people at Jobcentreplus never answer my question. I keep saying over and over 'you have not answered my question' and they just won't give me an answer on it, and move onto things I have not even asked...It's like they are trying to hide something?

Also, they never sent me the decision they made and I have requested that they send me that in the meantime and full details on eligibility for SDP and fine print, etc.

I hope someone can help me out with this.

Thanks, Sham.

Any decision that the DWP make should be conveyed to the claimant in writing with the right of appeal if necessary, otherwise the decision is not promulgated and has no legal force.

As this would appear to be the position in your case, you should await the Income Support decision letter, and if you are not being paid the SDP and think you should qualify, appeal the decision in the normal way. Do not ask for a reconsideration, as this will be carried out automatically if you appeal.

If you do not receive a decision letter within the next 10 days, write to the Customer Service manager at the JCP/BD office, and inform him/her that in accordance with social security regulations, you are entitled by law to have the decision in writing. Hopefully this will remedy the situation, but if not you will have to go through the Department's internal complaints procedure, and you may also wish to pursue a claim for financial redress for any maladministration that may arise out of the DWP's failure to follow the correct procedures.

i wondered about this after getting this in 08, my lawyer messed up my case, on dla and is, when stating i am exemt for any medical due to serve illness and medical reportd nad privte non nhs reports staing lasting over 5yrs and for long lasting for life, so under dwp regs 10, she should of made clear, how long i wad getting sdp. and she fialed to do so, she failed to appeal the withdraw of this, and to get baack my middle tate of dal for both areas. and now 3 carers a day anddaily care needs, ots sY I SOULD BE ON MIDDLE RATE DLA but as all local in 09 and 10, so called welfare rights again messed up my claims failed to provide my medical uptodate all medical reports and how i reallasped serval time in 2010 and how my area nhs cmht satff and soical care, keep failing to asessmnet me, dispite my resent medical reports of operation i needs on top of serve long term effects on mind and daily life of crime i suffered, hnce being froced to get dricet payments from local council and yet do i not do anything, due to all new changes comming in, or try to find someone to aply for sdp and higer rate lda modtiy?

Shammy wrote:

I need some help understanding if I am eligible for SDP, as I was made aware that in my situation I may be eligible, but the Jobcentreplus won't directly answer my question whenever I ask it, and start talking about other things.

Basically, I just went through an appeal and have been awarded DLA at the highest rate for both Care and Mobility. I also receive ESA and Enhanced Disability.

My situation is that I live in my parent's home, but there is no relationship between my mother and father and they do not share any rooms, only the hall and toilet. I only stayed there to support my mother, but since summer 2008 I am now disabled myself.

I share rooms, kitchen, etc with my mother who is also receiving DLA at high rates. With regards my father (he is over 75 and receiving state pension) I never see him in the house as we share nothing. The only thing we share is the hallway and the toilet. I was told that because of the situation I should receive SDP, but Jobcentreplus say I can't get it as my father lives there.

When I state that we only share the hallway and toilet and nothing else (as I entered that on the form), the people at Jobcentreplus never answer my question. I keep saying over and over 'you have not answered my question' and they just won't give me an answer on it, and move onto things I have not even asked...It's like they are trying to hide something?

Also, they never sent me the decision they made and I have requested that they send me that in the meantime and full details on eligibility for SDP and fine print, etc.

I hope someone can help me out with this.

Thanks, Sham.

I thought you had to live alone to get that ? look on


www.direct.gov.uk/en/DisabledPeople/Fina...AndSupport/DG_068683

Thanks for coming back to me so quickly, it is much appreciated. I will wait for 10 days to see if they send anything through as I requested over the phone, and if not I will definitely be taking further action.

Thanks again.

(re. another post: there are exceptions to the 'living alone' rule and that is why I need full details on why my case was declined with regards my situation).