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ESA and severely disabled payment

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3 years 1 month ago #266742 by Paxo
ESA and severely disabled payment was created by Paxo
My daughter recently moved out of my housing association home and I am now the only occupant of a three bedroom house. I informed the council who eventually informed me that as my daughter was over the age of 18, that I should not be getting the severe disabled payment of disability income guarantee payment anymore. Is this correct?

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3 years 1 month ago #266813 by LL26
Replied by LL26 on topic ESA and severely disabled payment
Hi Paxo,
I assume you are asking about the severe disability premium. This is an add-on for means tested ESA and sometimes Housing Benefit and Council Tax Reduction. You can get this if you get standard or enhanced Daily Living rate of PIP. However you also need to live alone or without other adults and don't have anyone who claims Carer’s Allowance for looking after you. Alternatively if you live with a partner and both get Daily Living PIP and neither if you have carer/s claiming Carer’s Allowance.
Thus, if you were living with your daughter whilst under 18 if you get the relevant PIP award and have no relevant carer then SDP can be paid. Presumably the Council will have details of who lives with you and I suspect this was automatically flagged up.
I would suggest that you perhaps try writing to the Council and explain when and why your daughter moved out and gives dates etc. If your daughter is eg now renting elsewhere you might wish to also enclose a copy of her new tenancy agreement as evidence she has moved out.
Be aware that if you are also claiming ESA with SDP then it is likely that the SDP on the ESA will also be affected and you may need to contact DWP showing the same evidence you send to the Council.
I note also that you have a 3 bedroom house. If you are the only occupant it is likely you may not be entitled to full Housing Benefit by virtue of the so-called bedroom tax. You may wish to seek advice from eg CAB about this.
I hope this helps.
LL26

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