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Severe Disability Premium
- Wright535
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2 years 7 months ago #271386 by Wright535
Severe Disability Premium was created by Wright535
I am in the support group ESA and receive Daily Living standard rate PIP.
My daughter couldn’t claim carers when she started full time university. I also couldn’t claim SDP as she was over 18 living mr me.
My query is where is the consideration for children living at home. She would either have to move out or not better herself by getting a degree, to enable me to claim SDP or as she’s over 18 carers.
I’ve applied and written stating that the benefit disallows children to remain at home or stop higher education at the age of 18. Has anyone been awarded SDP under these circumstances. Were obviously in an unusual position. But as she’s my only family and helps with my care his am I supposed to manage. We’re very close and she shouldn’t have to live out or not get a degree so I can access a benefit I’d otherwise be entitled to.
I’ve pre-empted a mandatory reconsideration by writing a full letter asking them to review our personal situation. Are there zero chances of getting SDP under our situation and if we appeal?
Thanks
My daughter couldn’t claim carers when she started full time university. I also couldn’t claim SDP as she was over 18 living mr me.
My query is where is the consideration for children living at home. She would either have to move out or not better herself by getting a degree, to enable me to claim SDP or as she’s over 18 carers.
I’ve applied and written stating that the benefit disallows children to remain at home or stop higher education at the age of 18. Has anyone been awarded SDP under these circumstances. Were obviously in an unusual position. But as she’s my only family and helps with my care his am I supposed to manage. We’re very close and she shouldn’t have to live out or not get a degree so I can access a benefit I’d otherwise be entitled to.
I’ve pre-empted a mandatory reconsideration by writing a full letter asking them to review our personal situation. Are there zero chances of getting SDP under our situation and if we appeal?
Thanks
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- LL26
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2 years 7 months ago #271398 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Severe Disability Premium
Hi Wright535,
The rules about SDP state that you can not get this if you live with someone, and you are correct, your over 18 daughter would comprise someone else, unless she was claiming PIP with daily living component or similar benefit. Assuming your daughter will be in full time education (usually 21hrs+ perweek) she would not be eligible to claim Carer's Allowance. If the amount of supervised study was less than that she might then be eligible.
However, does/will your daughter 'normally' reside with you. If she doesn't then she will NOT count as a non-dependant. I have looked this up and there is no actual definition of 'normally resides'
Decision Makers Guides say the following (this may not be the exact law but will be the approach taken at DWP)
23210 When considering where a person normally resides the DM should have regard to
1. the total amount of time spent in a place
2. how often time is spent in a place
3. how permanent the stay is thought to be
4. the person’s intentions
5. individual circumstances
6. what degree the accommodation is shared
7. the services provided
8. whether the person owns or rents any other accommodation
9. whether the person has any liabilities for services/utilities/tv licence.
Example
Agnes who is aged 59 claims IS. She has been awarded DLA and no one gets CA, or UC that includes the
carer element for caring for her. Agnes owns her own home but for the past two years has slept every
night at her son’s house. She keeps her clothes and some of her things at her son’s house. She goes
home for the day two or three days a week, to clean up and do the garden. But she always returns to her
son’s to sleep. Agnes is responsible for the bills for her home and she and her son still regard Agnes’s
house as her home. Agnes’s house has never been put up for sale.
The DM decides that Agnes normally lives at her son’s house because
1. she sleeps at her son’s house every night
2. her clothes and some of her things are kept at her son’s
3. she only goes back to her own house occasionally and in daylight hours
4. she spends the majority of her time at her son’s house.
Agnes is not entitled to SDP.
Students
23211 In a case where a student lives at a university address during term time and lives at their parents’
home for some weekends and during the holidays, the DM should have regard to the considerations at
DMG 23210 before deciding which address is where they normally reside. Whichever address is chosen
will remain the student’s normal residence even when they spend time at the other home.
Example
A student still retains a bedroom, furniture and some clothing at their parents’ home, they still get some
mail there, are registered with the local dentist and are actually resident for 18 full weeks and most
weekends. On this evidence the DM decides that the student normally resides at their parents’ home and
are only temporarily absent from it whilst at university.
Alternatively the DM may decide that because the student has a tenancy agreement for a university
address, they have some furniture and clothes there, they live there for 32 weeks of the year and are
liable for gas, electricity and a tv licence that they normally reside at the university address and are only temporarily absent from it whilst back living with their parents.
(DMG vol 4 ch 23)
There are 2 cases on 'normally resides' but these involve new partner or a daughter using the house as a correspondence address only - so don't really help.
Logically, and I agree with the DMG if you daughter has a rental lease for 32 weeks, that is clearly the majority of the time, and even if she reappears at weekends then it is unlikely that she will still 'normally reside' with you.
On this basis depending on the type of accommodation your daughter has elsewhere and it's duration she may not be classed as 'normally residing' and on that basis even if stayed over a couple of weekends and during no term time, you could continue to claim SDP and be paid this.
I hope this helps.
LL26
The rules about SDP state that you can not get this if you live with someone, and you are correct, your over 18 daughter would comprise someone else, unless she was claiming PIP with daily living component or similar benefit. Assuming your daughter will be in full time education (usually 21hrs+ perweek) she would not be eligible to claim Carer's Allowance. If the amount of supervised study was less than that she might then be eligible.
However, does/will your daughter 'normally' reside with you. If she doesn't then she will NOT count as a non-dependant. I have looked this up and there is no actual definition of 'normally resides'
Decision Makers Guides say the following (this may not be the exact law but will be the approach taken at DWP)
23210 When considering where a person normally resides the DM should have regard to
1. the total amount of time spent in a place
2. how often time is spent in a place
3. how permanent the stay is thought to be
4. the person’s intentions
5. individual circumstances
6. what degree the accommodation is shared
7. the services provided
8. whether the person owns or rents any other accommodation
9. whether the person has any liabilities for services/utilities/tv licence.
Example
Agnes who is aged 59 claims IS. She has been awarded DLA and no one gets CA, or UC that includes the
carer element for caring for her. Agnes owns her own home but for the past two years has slept every
night at her son’s house. She keeps her clothes and some of her things at her son’s house. She goes
home for the day two or three days a week, to clean up and do the garden. But she always returns to her
son’s to sleep. Agnes is responsible for the bills for her home and she and her son still regard Agnes’s
house as her home. Agnes’s house has never been put up for sale.
The DM decides that Agnes normally lives at her son’s house because
1. she sleeps at her son’s house every night
2. her clothes and some of her things are kept at her son’s
3. she only goes back to her own house occasionally and in daylight hours
4. she spends the majority of her time at her son’s house.
Agnes is not entitled to SDP.
Students
23211 In a case where a student lives at a university address during term time and lives at their parents’
home for some weekends and during the holidays, the DM should have regard to the considerations at
DMG 23210 before deciding which address is where they normally reside. Whichever address is chosen
will remain the student’s normal residence even when they spend time at the other home.
Example
A student still retains a bedroom, furniture and some clothing at their parents’ home, they still get some
mail there, are registered with the local dentist and are actually resident for 18 full weeks and most
weekends. On this evidence the DM decides that the student normally resides at their parents’ home and
are only temporarily absent from it whilst at university.
Alternatively the DM may decide that because the student has a tenancy agreement for a university
address, they have some furniture and clothes there, they live there for 32 weeks of the year and are
liable for gas, electricity and a tv licence that they normally reside at the university address and are only temporarily absent from it whilst back living with their parents.
(DMG vol 4 ch 23)
There are 2 cases on 'normally resides' but these involve new partner or a daughter using the house as a correspondence address only - so don't really help.
Logically, and I agree with the DMG if you daughter has a rental lease for 32 weeks, that is clearly the majority of the time, and even if she reappears at weekends then it is unlikely that she will still 'normally reside' with you.
On this basis depending on the type of accommodation your daughter has elsewhere and it's duration she may not be classed as 'normally residing' and on that basis even if stayed over a couple of weekends and during no term time, you could continue to claim SDP and be paid this.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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