sdp???

kami24

if i live with someone who claims no benefits and isnt allowed to work due to visa problems for another 4 months at least are you allowed sdp?? because i was previously getting it before pip stopped but now jobcentre says no because i live with someone even though they gave it to me previously as he is not working no other income and is not allowed carers allowance 

Sam_Alumni

Hi @kami24

This is from the gov website:

Eligibility

You usually need to be eligible for the disability premium to qualify for the severe or enhanced premiums.

If you get income-related Employment and Support Allowance (ESA) you can only get the severe or enhanced premium.

Use a benefits calculator to check your eligibility.

Severe disability premium

You must get the disability premium or income-related ESA, and one of the following qualifying benefits:

• PIP daily living component
• AFIP
• DLA care component at the middle or highest rate
• Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)

You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations:

• they get a qualifying benefit
• they’re registered blind
• they’re a boarder or subtenant (but not a close relative)
• they make separate payments to the landlord

You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.

poppy123456

Unfortunately, you can't claim SDP because you don't live alone. You also need a daily living PIP or DLA mid/high rate care to claim SDP. You also need either one of these for someone to claim carers allowance for looking after you.

Yadnad

Something not right there. The person they live with has no right to public funding and is not allowed to work in the UK. So for all intents and purposes that person is a non person.
So in effect this non person by virtue of where they are living is having a detrimental affect on his benefit income. 
The DWP are treating him and her as living together  and as such they should both be claiming as a couple  except that no payment is due to her or he should be treated as a single person as though living on his own The DWP can't have it both ways.

kami24

Yeah I used to get sdp because he has no income whatsoever until the home office sorts his visa out and that takes such a long time even though he could be working as a nurse by now what this country always needs... 

poppy123456

As you said your PIP was stopped you wouldn’t be entitled to the SDP, even if you still lived alone.

kami24

No I get pip after appeal and was claiming jobseekers throughout its complicated and dont answer if you don't really know it varies whoever looks at the case in the office actually as well 

poppy123456

I do know the criteria for claiming SDP thanks, which was why I replied to your question. 

If the person you live with is your partner then unless he claims a qualifying benefit you won’t qualify for the SDP. 

mehrfarbig

I'm surprised they ever allowed SDP whilst living with him if he's classed as your partner, as SDP is meant to cover the extra costs of living alone, whilst disabled so he can still do all the things to help like do cleaning without the extra income. I'd be concerned about a letter arriving saying you owe money for all the time you claimed SDP whilst your partner lived with you. I assume he's your partner not just a roommate. 

There is also no need to be rude to people who are trying to help. 

Waylay

if they make separate payments to the landlord! Thank you! I need to call ESA.

kami24

What???? This forum is pathetic p

kami24

mehrfarbig said:

I'm surprised they ever allowed SDP whilst living with him if he's classed as your partner, as SDP is meant to cover the extra costs of living alone, whilst disabled so he can still do all the things to help like do cleaning without the extra income. I'd be concerned about a letter arriving saying you owe money for all the time you claimed SDP whilst your partner lived with you. I assume he's your partner not just a roommate. 

There is also no need to be rude to people who are trying to help. 

Get lost you don't know me or my circumstances and they knew he was their with me all along so that's their choice if they pay me or not and they know I am nice and wouldn't cheat the system like a one people so get over yourself 

kami24

Leave me alone!!!! 

topshoes

@kami24 so sorry if your having a hard time , no one  can report you on here so lets get that cleared up, no one knows who you are, or where you live so please dont worry about that . 

kami24

kami24 said:

mehrfarbig said:

I'm surprised they ever allowed SDP whilst living with him if he's classed as your partner, as SDP is meant to cover the extra costs of living alone, whilst disabled so he can still do all the things to help like do cleaning without the extra income. I'd be concerned about a letter arriving saying you owe money for all the time you claimed SDP whilst your partner lived with you. I assume he's your partner not just a roommate. 

There is also no need to be rude to people who are trying to help. 

Get lost you don't know me or my circumstances and they knew he was their with me all along so that's their choice if they pay me or not and they know I am nice and wouldn't cheat the system like a one people so get over yourself 

No one cleans for me!!! Thats part of my issues cleaning too much!!! I think they might still add it anyway because no one gets carers allowance and hes not entitled to claim it so surely you can challenge their decision by saying that he doesn't get couples jobseekers allowance or carers and we live off a small amount of money no sdp means they keep that money which cant be true 

poppy123456

As you're living with your partner unless they claim a qualifying benefit such as daily living PIP then you won't be entitled to the SDP, even if no one claims carers allowance for looking after you. There's nothing to challenge here.

Tardis

I'm wondering if there is a case here.  Partner has visa problems and no recourse to public funds. If he doesn't have the right to reside here can he actually be regarded as normally residing with the OP?  Perhaps the DWP regarded him as a house guest rather than ordinarily resident during the first claim period?  

kami24, I think you need to speak to someone with knowledge of immigration laws as well as benefit rules.

kami24

Yes thanks tardis! I dont care if i get the money or not but it could be helping someone out and they did give it to me for over a year so probably did regard my partner as nothing or not present! 

Tardis

Hold on! I am not saying you are definitely eligible!  I just think you need to speak to someone more knowledgeable to check this.

kami24

I know that!!!! 

kami24

I received it previously for over a year