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ESA SDP Temporary Accommodation

JessicaP

Hello

Please could you tell me if someone can still claim their SDP if sleeping on a friend's sofa until permanent accommodation is found. The claimant has not yet migrated to UC, so this is purely about how accommodation will affect the SDP.

The friend offering the sofa is not in receipt of any benefits. Are they going to try to say the friend is classed as a carer, despite the fact they are not caring for the person on SDP. It is simply somewhere to put their head down for the night.

Thank you v much

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Comments

Rosie_Scope

Hi @JessicaP, I'm afraid I don't have much experience of this and I wouldn't want to give you incorrect advice, but I hope some of our members might be able to offer their thoughts.

It may be worth speaking to a local advisor to see if they can help clarify things for you:

Turn2Us - AdviceFinder

Hope you can find some answers soon!

JessicaP

It seems there is very little information available on this, even when calling the ESA number. Different advice from different advisors.

Thank you for trying to help.

chiarieds

Hi @JessicaP - I agree with Rosie that trying to hopefully find a Welfare Rights Officer through the Turn2Us link might help provide answers.

All I have been able to find in one of the Advice for Decision Makers guides is about defining 'temporary accomodation' see 44111-44125 by scrolling down: https://assets.publishing.service.gov.uk/media/661543352138732c33031b72/dmgch44.pdf

However, I have seen that Welfare Rights Officers have been able to help claimants get/still receive SDP whilst 'sofa surfing.' It's a case of arguing that they don't 'normally reside' with their friend.

Are they trying to find permanent accomodation as Shelter may be able to help with that? https://england.shelter.org.uk/housing_advice/homelessness/sofa_surfing

There should be no problem as regards any question of 'caring' as the friend presumably isn't claiming Carer's Allowance nor the carer's element of UC.

JessicaP

Welfare Rights wouldn't take the call. They said they're not taking any new cases at the moment, and had no-one who could advise.

They referred to CAB.

Shelter seemed very unsure, and said to call CAB.

When calling CAB, they said they couldn't advise over the phone, and an appointment would have to be made at a local CAB office.

The local CAB office was only open a few hours a week, so getting through to them in time, abd getting an appointment, proved impossible.

She has now found somewhere to stay, and trying to sort everything out. She's been waiting 2 weeks for a callback from Housing Benefit to get help, also. It said she should be able to get an overlap payment on both properties, for at least 4 weeks, but no one has been able to confirm.

She's been really shocked at how little support is out there for someone in such a vulnerable position. All those agencies and so little help.

Many thanks for your replies.

JessicaP

P.S. She was looking at using the sofa of a married couple. One of them cares for the other, so is in receipt of Carer's Allowance. One ESA asvisor said that may affect whether my friend could claim her SDP whilst using their sofa. They said she'd just have to submit the form and see!

Kimi87

Have either of you tried Womens Aid?

https://www.womensaid.org.uk/

Or tried a Google search for local council + domestic violence, most councils have an information page with links to local resources.

JessicaP

I know she was working with a major domestic abuse organisation, but they said they have no information on benefits entitlement, and to contact DWP/CAB.

Thanks

JessicaP

Council referred to that domestic abuse organisation. She's just been sent around in circles, at a time when she most needed support, unfortunately.

OverlyAnxious

Being sent around in circles by various organisations is the experience that I've had with most places as well. It's why I try to avoid signposting, and prefer to offer tailored advice where possible instead. Sadly there are some circumstances that are so uncommon that none of us have direct experience or specific legislation to refer to. This is one of those times unfortunately.

With regards to Carers Allowance though. The person claiming that does so for one specific person. That should not affect her SDP when she is not the person being cared for. However, if the person claiming Carers Allowance is able bodied for SDP purposes then they could count as another person in the household, which could stop SDP entitlement that way.

chiarieds

There is legislation that should provide for this, I just thought it better for a Welfare Rights Officer to mention, i.e. Sch 4 below:

https://www.legislation.gov.uk/uksi/2008/794/schedule/4/made

Severe disability premium

6.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of ****-paragraph (1), a claimant is to be treated as being a severely disabled person if, and only if—

(a)in the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of ****-paragraph (3)—

(ii)subject to ****-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing; and

(iii)no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the Contributions and Benefits Act in respect of caring for the claimant;

& from the same regulations: https://www.legislation.gov.uk/uksi/2008/794/regulation/71/made

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.

JessicaP

Thank you everyone

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