SDP

If I may add a few curve balls of my own to this question, as it seems to similarly apply to me to:
My adult daughter helped me qualify for a shared ownership mortgage and is on the mortgage and lease as co-owner though in reality has never lived with me here since the mortgage was completed in Dec 2018. HB/CT have accepted this, as in the legal lease and Land registry docs, her ‘interest’ in the property has been put at 0% and mine at 100%, although our solicitor said in reality the interest divide is fairly unenforceable and just a notional thing really. Bringing things up to date, I receive the full suite of ESA IR Support Group with SDP, Enhanced and ongoing PIP on both counts, and in the last year have changed from social care funding to 12 hrs per day care paid for by NHS CCG Continuing Healthcare which funds 2 permanent and 2 ad hoc PAs for me - one of whom is my adult daughter. Now this is where the problem may start for us as within the next few months I will need for her to move in here permanently to provide care, while still paying her salary through my CHC complex care personal health budget.
I keep reading conflicting stuff about whether she is or isn’t a non dependent for DWP purposes, as losing SDP will really effect my own very carefully balanced finances. As she is a co-owner and co-tenant (even just on paper) with me, and she is not a non dependant but is a close family relative providing paid for care but she is not claiming nor eligible for CA … what does it all mean…??? *scratches head*

Will try, thank you

Also, according to the ESA Legislation page on the Legislation dot gov website, under ESA Reg 71, my daughter would defo be classed as a non-dependent through paras 2(a), 4(a) and 5 (confirming 2a) as our joint ownership and liability started ON - not just before - date claimant first occupied dwelling.

But what my question was really getting at was: if she is NOT classed as a non dependent, would whatever she is classed as, stop and ESA Support SDP - or other payments of premiums on my ESA claim?

(From the Legislation. Gov page)

Definition of non-dependant

71.—(1) In these Regulations, “non-dependant” means any person, except someone to whom paragraph (2), (3) or (4) applies, who normally resides with a claimant or with whom a claimant normally resides.

(2) This paragraph applies to—

(a)any member of the claimant's family;

(b)a child or young person who is living with the claimant but who is not a member of the claimant's household;

(c)a person who lives with the claimant in order to care for the claimant or for the claimant's partner and who is engaged for that purpose by a charitable or voluntary organisation which makes a charge to the claimant or the claimant's partner for the care provided by that person;

(d)the partner of a person to whom sub-paragraph (c) applies.

(3) This paragraph applies to a person, other than a close relative of the claimant or the claimant's partner—

(a)who is liable to make payments on a commercial basis to the claimant or the claimant's partner in respect of the person's occupation of the claimant's dwelling;

(b)to whom the claimant or the claimant's partner is liable to make payments on a commercial basis in respect of the claimant's occupation of that person's dwelling;

(c)who is a member of the household of a person to whom sub-paragraph (a) or (b) applies.

(4) Subject to paragraph (5), this paragraph applies to—

(a)a person who jointly occupies the claimant's dwelling and who is either—

(i)a co-owner of that dwelling with the claimant or the claimant's partner (whether or not there are other co-owners); or

(ii)jointly liable with the claimant or the claimant's partner to make payments to a landlord in respect of the person's occupation of that dwelling;

(b)a partner of a person to whom sub-paragraph (a) applies.

(5) Where a person is a close relative of the claimant or the claimant's partner, paragraph (4) applies to that person only if the claimant's, or the claimant's partner's, co-ownership, or joint liability to make payments to a landlord in respect of occupation of the dwelling arose either before 11th April 1988 or, if later, on or before the date on which the claimant or the claimant's partner first occupied the dwelling in question.

(6) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of occupation of the dwelling to the landlord.

(7) In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.