Employment and Support Allowance (ESA)
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Severe disability premium

Please can someone help me with the following scenario? I'm wondering if we should be getting the lower rate SDP and if it gets backdated to start of a PIP claim?

I claim income related ESA for myself and my partner and I am in the support group.
My partner gets carers allowance for caring for me.
I recieve enhanced PIP both parts.
My partner was awarded standard care rate PIP last month backdated to start of his claim a few months ago.
I was not receiving a SDP as my partner is getting CA for me... but I read online we should get the lower rate as nobody gets CA for my partner... is this correct? If so, is it backdated to the start of his PIP claim a few months ago? Or just from the date of the decision?

Thanks in advance for any advice 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited December 2018
    Hi,

    Do you mean you claim ESA as a couple? If so then yes your partner can claim the SDP for their self backdated to the start of the PIP award. Also, you would claim more money if your partner canceled their carers allowance claim for looking after you and you both claim the couples SDP.

    Pop all of your details into a benefits calculator twice. Once with your partner claiming carers allowance for looking after you and with your partner claiming the single SDP. Then again with no carers allowance and you both claiming the couples SDP. Just to see for yourself, how much better off you'll be each week.

    Doing this your SDP will be paid from when the carers allowance is canceled.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Zebra88Zebra88 Member Posts: 55 Courageous
    Thank you :) my partner had to claim CA because he had a Work Assessment at the job centre when I started my claim for ESA, as his disability does not necessarily prevent him from working and they wanted to know if he was looking for work... and I am the one with LCWRA. They said that he could look for work but he stays with me 24/7 due to my disability... he was found ftw for the same condition a couple of years ago and lost his contribution based award so is unwilling to go through the assessment again no matter how much I try and help him.

    In these circumstances if he carried on getting CA would we at least be entitled to the lower rate SDP? As I called JCP and the advisor told me we aren't getting it as we live together. I argued that we should get the lower rate as one of us qualifies for it and he should get it added on as we both recieve a qualifying benefit so the loving together rule doesn't apply? 

    I'm thinking of just sending a letter with the change of circumstances to the benefit office rather than try to explain what I mean to an advisor?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited December 2018
    If you're claiming ESA and not Universal credit then your partner shouldn't be made to look for work when you're claiming ESA as a couple. If your partner worked then this would affect the amount of ESA you could claim. I think you were incorrectly advised there.

    As you're both claiming a qualifying benefit then you would be entitled to the SDP. Whether you claim this for the couples rate and cancel the carers allowance claim or claim single person rate is your choice but you'll lose out on approximately £28 per week if you claim single person rate.

    You don't need to send a letter because it's not a change of circumstances. You need to ring ESA and ask them to send you the IS10 form.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Zebra88Zebra88 Member Posts: 55 Courageous
    Thank you so much for your help @poppy123456 I'll call them next week. 
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