Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: Severe disability premium

Severe disability premium 2 months 2 weeks ago #194505

I am working with a single person on high level PIP and ESA and qualifies for the severe disability premium on her ESA. However, she lives with her daughter & her family in a self contained granny annex where she has all of her own facilities other than cooking so has to use the family kitchen. To enter her annex you have to go through the main house front door. DWP have refused her application for the severe disability premium advising she is not entitled given her living conditions and have quoted the appropriate regs. She is totally self sufficient and lives a very separate life to that of her daughter and family , who have very little to do with her from day to day and provide no on going care/support to her. The decision has been for reconsideration and an appeal date is now awaited - has anyone any ideas of how to approach this at appeal as I cannot see a way to avoid the DWP decision from remaining un- changed which seems very unfair given she does to all intents and purposes live & care for herself, albeit in an annex within her daughter's home. She does not pay her own bills for the annex but does contribute toward them each month by a payment to the daughter.

Please Log in or Create an account to join the conversation.

Severe disability premium 2 months 2 weeks ago #194534

B

There are allowances in the regulations for claimants living with other people but all of these require a formal arrangement to be in place, for example a tenancy agreement and rent being paid.

One thing to look at would be whether the annex is treated as part of the main property of not in regard to Council Tax, if it is treated separately and there is an additional charge then this may be worth presenting as an argument to the Tribunal panel.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: bro58GordonMrs Hurtyback