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TOPIC: Severe disability premium

Severe disability premium 10 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.

Severe disability premium 10 months 2 weeks ago #194534


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.

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