Sdp

Blair26

Hello Im new here and after some advice
I claim esa(income related)
And I also claim both elements of pip
Today out of the blue i had a phone call to say that i am no longer entied to the severe disabity premium with my esa as my son who is 29 lives in my home
He has lived here all his life.
I explained that he isnt my carer and works long hrs. 
They said it doesnt matter If another adult in in the house then i am not entitled to it. 
So as from today I lose £76 a week
Im just stunned and worried it just came out of the blue. 
Any help or advice wld be gratfully recieved
Thankyou

poppy123456

If your son isn't either registered blind or doesn't claim a qualifying disability their self such as PIP daily living, DLA mid/high rate care or ADP daily living then they are correct and you're not entitled to SDP. 

I'm very surprised you were claiming it in the first place if your son has always lived with you.

Part of the criteria for SDP is that you must either live alone or be treated as living alone.

If there's an overpayment and it wasn't an official error then you will need to repay it back. If they knew he was living with you then it could be an official error. How long have you been claiming SDP? When you claim this, one of the questions they ask is, does anyone live with you. You can see the form here. https://www.whatdotheyknow.com/cy/request/243895/response/599159/attach/3/Acrobat Document IS10.pdf?cookie_passthrough=1

Blair26

I found this on a benefit checker website

poppy123456

Yes, indeed that part you've circled relates to the advice i gave here..

poppy123456 said:

If your son isn't either registered blind or doesn't claim a qualifying disability benefit their self such as PIP daily living, DLA mid/high rate care or ADP daily living

Another time where someone can be entitled to it is when they live with other adults as a house of multiple occupancy, where each adult has their own tenancy agreement. You said your son has lived with you all your life so that is unlikely to apply here. 

Unless they are either registered blind or claims a qualifying disability benefit their self such as PIP daily living, DLA mid/high rate care or ADP daily living then you won't be entitled to SDP. You can see the crtieria better here, rather than where you've been reading it from. https://www.entitledto.co.uk/help/severe-disability-premium

I also claim Income Related ESA and live with my adult daughter. She claims Daily living PIP, same as myself and i also claim SDP. The reason i'm entitled to it is because she claims daily living PIP so i'm treated as living alone.

How long have you been claiming it for?

Blair26

It was a benefit adviser at an interview who put the claim in for me at least ten  years ago maybe more
Its a lot of money to suddenly lose and im going to struggle alot

poppy123456

When you originally claimed it was your son still in full time non advanced education? As you say 10 years ago maybe more and your son is now 29. If so then yes at that time you would have been entitled to it because he was still a dependant. It's only adults aged 18 and over that count as non dependants.

When he left full time education, what you should have done is report the changes to ESA. The SDP would have then stopped.

If you're claiming for help with the rent or claiming council tax reduction then they do share information with DWP so it could have flagged up on the system that your son lives with you. (though it took a long time for them to find out)