ESA IR and moving in temporarily with parents

Hi everyone
I would really appreciate some help with this as I'm overwhelmed and confused
My son aged 27 claiming ESA (IR) living in Scotland as a full time uni student has automatic LCW as meets the criteria as he's a disabled student in the receipt of pip (Middle care) and doing a relevant course under the ESA entitlement rules. He achieved 27 points at his face to face. The suggested review was 18 months, however I believe this was never implemented by the ESA because of the automatic entitlement he has as a student etc until the end of this course 30.9.2022. so for this reason this is why they likely never bothered.

On the 19/8/2022 due to decline in mental health and increased care needs he moved back to N.Ireland to live us his parents. I am in receipt of middle care pip, but as my husband works full time my son has lost his his entitlement to SDP. He informed DWP of his change of address and decline in mental health.



My questions are:
1. Am I right in thinking that the DWP will transfer his ESA (IR) back to N.Ireland due to change of address and jurisdiction under the reciprocal agreement between GB and NI l (they had previously moved his pip from N.Ireland to Scotland) automatically when he claimed ESA on arrival in Scotland so this is why I'm thinking this will be the same case?
2. He has secured a new property to move into 27th October. So, does he move in then tell the ESA that he is now living on his own and no one is receiving carers allowance for him and the SDP is reinstated?
3. To get help with housing costs he would have to claim Universal credit with the housing benefit element. So, am I right in thinking that he is now entitled to transitional element of what was previously SDP in his Universal credit claim. The rules I believe say that as long as he was in receipt of a qualifying benefit in the month immediately preceding the first day of the award of universal credit: and meets the criteria for living on own the transitional payment would be awarded. Am I correct in my thinking of this?
4. I'm really concerned about this as I've read somewhere about someone loosing their entitlement to SDP and this triggered universal credit claim. So effectively when he would have difficulties paying his rent and has already secured property to move into on the 27th October.

I really would appreciate some clarification on this, as I'm starting to loose the plot so to speak as I've managed to confuse myself so much and tie myself in knots.

Thank you for your reply Gordon. He hasn't actually informed ESA of his move yet as he has been unwell. Although I did say it was sent and encouraged my son to put pen to paper he was too stressed to do it. Yes, I did have reservations about mentioning his decline in health as a reassessment at this point is something he doesn't need hanging over him right now. I had read that moving from ESA to Universal Credit and if LCW had been established on his existing ESA claim then this would remain and be automatically transferred over to the Universal Credit claim. Is my thinking correct on this?

Also, I forgot to mention that he has lived on his own for the past 7 years and was assessed as an independent student (via student finance) whilst studying in Scotland with back to back tenancies in Student Accommodation. He received help with benefits during this time and received housing benefit and had a tenancy agreement. Would ESA consider his move here to our home to be a temporary situation and therefore he would be entitled to retain his SDP? He has actively looked for other accommodation and can prove this if necessary. He was offered a room with a live in Landlord but at the last minute wasn't able to sign the tenancy due to health reasons. He will be moving into another property on the 5th November now (although I had previously said it would be the 27th October in my previous reply) although it may be sooner if the existing tenant moves out at an earlier date. My question is: will ESA see our address as his "normal" home even though he hasn't lived with us for the past 7 years. He's 27 nearly 28 and had no intentions of living with us after all this time. He hadn't looked for accommodation prior to his tenancy expiring as he was so stressed with his dissertation and was barely eating or sleeping for several months, prior to his tenancy ending on the 18th August, so effectively he had no where to go other than with us. He had talked about staying with his friends in Scotland after his tenancy ended but that never materialised.

The reason I'm asking this question is because when I spoke with a friend she mentioned "sure this is only a temporary situation". I would appreciate your thoughts on this and potentially how it would be viewed by ESA decision maker. If there is a chance of him being entitled to retain his SDP then I would put this to him, but if this is something ESA wouldn't even potentially consider to be a temporary situation then I wouldn't mention it to him as I don't want to add more pressure on him.

I've looked at the definitions of living with someone etc and am absolutely none the wiser. All I can find is "normally resides with", but he doesn't normally reside with us, he hasn't for the past 7 years. Or am I barking up the wrong tree. There is also no definition of what is defined as staying on a temporary basis either. It would be approx 11 weeks in his case if he moved into new property on the 5th November.

I would appreciate you in sight on this please. Is the difficulty more to do with who lives in the family home, rather than the situation being temporary? Yes, Im confused?

Also when he would ask ESA (IR) to reinstate his SDP on his ESA Claim after he moved into another property, how long does this take.?. and is he unable to make a claim for Universal Credit until the SDP payment is actually in place as such. How long does the Universal Credit claim take for payment to be authorised to include help with rent?

Sorry, for all these questions but I just want to advise my son as best I can.

Thank you in advance!

Thank you Gordon for your reply. I've contacted citizens advice who seem to think it could be classed as a temporary situation. But like you say there is no definitive answer here and depends ultimately on how it's interpreted by DWP and their decision at the end of the day.