- Posts: 47
× Members
how will a non dependant affect esa/dla
- lianna
- Topic Author
- Offline
Less More
6 years 2 months ago #206476 by lianna
how will a non dependant affect esa/dla was created by lianna
Hi, I live alone, am on middle rate dla care, lower rate mobility and non work related esa. I also receive severe disability as part of my esa. My house is mortgaged and the dwp do not cover the full payments, I have to find the rest out of my benefits. I have researched how the situation below would affect housing benefit and council tax, I just need to know about my other benefits. As far as I can tell I am in danger of losing my severe disability premium and as my friend is on pension he can't get carers allowance.
I need quite a bit of support as I have a range of problems, ptsd, severe add, depression, chrinic pain, sciatica and fatigue which may be part of the add,.A close friend has been here a lot over the past few years, providing emotional support and generally looking after me, he is on pension and pension credit and has no more income. His landlord is now selling the house and we would like him to move in here. I don't want any rent money apart from something towards bills and maybe the shortfall payment of the mortgage, as he provides so much support. I know i have to inform the dwp, what are they likely to do? What is the best way to approach this so we don't both lose out?
I need quite a bit of support as I have a range of problems, ptsd, severe add, depression, chrinic pain, sciatica and fatigue which may be part of the add,.A close friend has been here a lot over the past few years, providing emotional support and generally looking after me, he is on pension and pension credit and has no more income. His landlord is now selling the house and we would like him to move in here. I don't want any rent money apart from something towards bills and maybe the shortfall payment of the mortgage, as he provides so much support. I know i have to inform the dwp, what are they likely to do? What is the best way to approach this so we don't both lose out?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
6 years 2 months ago #206492 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic how will a non dependant affect esa/dla
lianna
One of the things that you can do is to put your information as it will be into one of the online benefit calculators to see how your benefits will be effected.
www.gov.uk/benefits-calculators
Based on you post there appear to be two issues, if the person is not receiving a qualifying benefit themselves then you will lose you SDP payment from your ESA.
The second is ensuring that the person is not seen as a partner, this is more difficult and will depend on their circumstances when they move in, for example how they share your house and any payments that they make for their keep. Be aware, if there are concerns about this then the DWP may suspend your ESA until the matter is sorted.
Gordon
One of the things that you can do is to put your information as it will be into one of the online benefit calculators to see how your benefits will be effected.
www.gov.uk/benefits-calculators
Based on you post there appear to be two issues, if the person is not receiving a qualifying benefit themselves then you will lose you SDP payment from your ESA.
The second is ensuring that the person is not seen as a partner, this is more difficult and will depend on their circumstances when they move in, for example how they share your house and any payments that they make for their keep. Be aware, if there are concerns about this then the DWP may suspend your ESA until the matter is sorted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- lianna
- Topic Author
- Offline
Less More
- Posts: 47
6 years 2 months ago #206531 by lianna
Replied by lianna on topic how will a non dependant affect esa/dla
Hi Gordon, thanks for the reply. He only has his state pension and no other income, so if they did decide he was a partner, how would that affect us? We have had a relationship in the past.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
6 years 2 months ago #206533 by Gordon
The pension would be treated as income, you can include this information in the online calculators.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic how will a non dependant affect esa/dla
lianna wrote: Hi Gordon, thanks for the reply. He only has his state pension and no other income, so if they did decide he was a partner, how would that affect us? We have had a relationship in the past.
The pension would be treated as income, you can include this information in the online calculators.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- lianna
- Topic Author
- Offline
Less More
- Posts: 47
6 years 2 months ago #206549 by lianna
Replied by lianna on topic how will a non dependant affect esa/dla
I assume if I charged him rent to include something towards the bills, the shortfall on the mortgage, and the lost disability premium they would just take the whole amount straight off my benefits?
It's crazy, as I understand it he can't even get any kind of carers allowance since he's on a pension. I've also got 2 conflicting bits of information, this from disability rights . "If you are not actually being paid carer’s allowance, because you are on another benefit, you can still get the carer premium/additional amount and the person you care for can keep their SDP." and this from the dmg "Certain people who normally
reside with the claimant are not regarded as non-dependants (see DMG 44139). 44139 People who normally reside with the claimant and are not non-dependants1 are 10. a person, including a close relative who
10.1 joins the claimant’s household for the first time to care for the claimant
or partner and
10.2 immediately before joining either the claimant or partner satisfied the
5 conditions for SDP
which gives me a bit of hope
It's crazy, as I understand it he can't even get any kind of carers allowance since he's on a pension. I've also got 2 conflicting bits of information, this from disability rights . "If you are not actually being paid carer’s allowance, because you are on another benefit, you can still get the carer premium/additional amount and the person you care for can keep their SDP." and this from the dmg "Certain people who normally
reside with the claimant are not regarded as non-dependants (see DMG 44139). 44139 People who normally reside with the claimant and are not non-dependants1 are 10. a person, including a close relative who
10.1 joins the claimant’s household for the first time to care for the claimant
or partner and
10.2 immediately before joining either the claimant or partner satisfied the
5 conditions for SDP
which gives me a bit of hope
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
6 years 2 months ago #206568 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic how will a non dependant affect esa/dla
lianna
I;m afraid you are looking at apples and oranges, so the first issues is concerned with the payment of SDP if someone is claimaing CA against your PIP, as your friend is receiving the State Pension and cannot be paid CA then any claim would not effect your SDP.
The second isssue is your living alone, I am not convinced that the sections that you have highlighted would cover your still being classed as living alone. I suggest you try and get face to face advice before you do anything, a trained advisor can explain your options and can also help you understand what requiremenst your friend would need to meet in order to not effect your SDP.
Gordon
I;m afraid you are looking at apples and oranges, so the first issues is concerned with the payment of SDP if someone is claimaing CA against your PIP, as your friend is receiving the State Pension and cannot be paid CA then any claim would not effect your SDP.
The second isssue is your living alone, I am not convinced that the sections that you have highlighted would cover your still being classed as living alone. I suggest you try and get face to face advice before you do anything, a trained advisor can explain your options and can also help you understand what requiremenst your friend would need to meet in order to not effect your SDP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: lianna
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris