Am i able to claim severe disability premium, joint tenancy agreement

lb123

Hi
I am 64 female and i get esa support and pip enhanced m and d since 2015.
i/we have had a joint tenancy agreement (50:50) since 2010 with the same l/lord. My son (aged 42 and working full time) is the other joint tenant.  Am i able to claim sdp.
No help from dwp.
Thank you

lb12345

Hi All
So confused!
I am 64 female was on IB, then wrag but unable to work, so now on esa support and enhanced pip since 2015.  No sdp.
Q - Took out a joint tenancy back in 2010 with same landlord.  My joint tenant is my son (aged 42) who works full time but cares for me when at home, mornings, evenings and w/ends but no ca. Can I claim sdp?
DWP no help!  Does anyone know?
Thanks

poppy123456

Hi,

Unfortunately, even though you are both joint tenants you won't qualify for the SDP because he's your son and classed as a close relative. The whole purpose of the SDP is that the person lives alone or classed as living alone. The only way you would qualify in these circumstances is if your son claims a qualifying benefit such as PIP daily living.

See link. https://www.whatdotheyknow.com/request/418468/response/1020146/attach/html/2/FoI 2988 reply.pdf.html

This was taken from the above link. The Severe Disability Premium is intended for those severely disabled people who live 
independently, and who are therefore most likely to need to purchase care. However, it is 
recognised that there are circumstances when people sharing accommodation should not be 
expected, or may not be able, to provide care for the disabled person. For this reason, the 
presence of certain people is ignored when deciding whether or not the disabled person lives 
alone. This means, for example, that no account is taken of people (other than close relatives 
of the claimant) who live in the same house because of a commercial arrangement. 

Also this decision makers guide and scroll down from 44111

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721792/dmgch44.pdf

Pippa_Alumni

Welcome to the community, @lb12345!

Antonia_Alumni

Hi @lb123

Welcome to the community and thank you for sharing this with us. Some of our members may be able to answer your questions soon.

poppy123456

Hi,

Your question is answered here. https://community.scope.org.uk/discussion/56217/severe-disability-premium#latest

gingerella75

Hi,
i have a joint tenancy with my estranged ex who refuses to move out. I claim a single persons tax credit, housing benefit and esa all single not a couple just 2 people living in a house as the courts have said he is not my Carer either we are not a couple and I have a bf. We pay our rent separate to our landlord. Can I claim the severe premium as I receive all benefits as a single person. 

gingerella75

I would like to add the court papers were dated 2012 which is the year I was then apparently entitled to the premium and it was HMRC I took to court because they said I had been claiming single person tax credits when there was another adult taxpayer living at my address. I have never been married and all my benefits are inline as I had a compliance check for my esa last year because of the adult and once I showed my court papers they took no action. We are not related and I have shown medical evidence that supports the situation as being hostile! 

poppy123456

To claim the severe disability premium in with your ESA you must be claiming a qualifying benefit such as PIP daily living or DLA mid/high rate care and no one must claim carers allowance for looking after you. If you do claim the qualifying benefit then you'll need to ring ESA and ask to fill out the IS10 form over the phone. Decisions take a couple of weeks.

gingerella75

Yes I just looked through. I have had pip and dla since 2011 went to support esa in 2012 from IB they put me on the wrong esa and last year I got a payment out of the blue dating back to 2014. Well, since I enquired about the severe premium they realised I had been on the wrong esa meaning they were paying too little since 2012! I have filled in forms over phone  and told decision by May 7th no decision, no info I found out when I rang. They want to now do a home visit which I don’t care when they turn up, Sunday morning would be best when my boyfriend is sleeping over with the other tenant that the other woman on phone  said I couldn’t claim because of is in bed. I checked the manual we are not related or ever married duh! All benefit agencies especially the monster HMRC ALL know who live here and what benefits I have been paid. I was transparent with my appeal to HMRC and even they cannot say we live as a couple and there guidelines are tougher! I am annoyed with how badly I’ve been treated by both HMRC and DWP because whenever I have applied there has always been a mountain of evidence. I suffer with Fibromyalgia, depression, anxiety, ptsd, self harm all done to ill health and childhood abuse trauma and yet I am always having to fight them, maybe I just sound too deranged and ill to be believed? I was diagnosed depression in 2002 and nobody told me I could claim my dla until 2011 when CAB took over my case when HMRC accused me of claiming single claim when I shouldn’t have been (7 years) but it was my local benefits adviser for council who applied for it for me! I only found out about this premium 4 months ago! I have only related to HMRC as to prove the legitimacy of my claim. You are welcome to ask me details of that should it benefit others. They make DWP look like **** cats 

poppy123456

If you're still claiming Contributions based ESA and you haven't had a decision on the IB to ESA underpayments then you will need to wait for a decision on that before you can claim the severe disability premium. This is because the SDP can't be awarded on Contributions based ESA. If you're successfully awarded the Income related top up on your ESA then you'll need to ring to claim the SDP as advised above.

Decisions for the IB to ESA underpayments can take as long as 20 weeks.

gingerella75

I went over to esa from IB. Last year I got a letter saying my esa was wrong and I was underpaid from 2014-2018, I have always put down contribution because that’s what I thought I was on until last year. I did a benefit calculator and it came up the severe disability premium came up and I online chat turn2 and they said call them. I applied for disability premium on phone she said I was always on income related not contribution and 2-3 weeks later I got another letter saying I was again underpaid for esa 2012-2014 and got another payment. Apparently there 100,000’s people underpaid there ESA it was online and papers! But I didn’t get the 2nd payout until I enquired about the premium and they said they would need to calculate what I would be entitled to. So now nobody wrote to say they need to do a visit I had to call after the date they said would be decision and the woman said they want have to do home visit and I called 2 weeks ago and they couldn’t tell me anything just said they will be in touch! 

poppy123456

When the underpayments were first announced they were only backdating to November 2014. Sometime later they made another announcement are were now backdated to November 2011. This is the reason why you received to separate payments.

For the SDP then i'm afraid you'll need to wait for DWP to make a decision.

gingerella75

what is truly odd is that my contribution esa award was dated 21/10/2012 and the review about income related all say my claim from 23/10/2012. It clearly states i was entitled to income related esa! I have it in front of me!   

poppy123456

I'm sorry but i'm lost on this one. If the question is about the SDP then i'm afraid you'll need to wait for DWP to make a decision. Hopefully not too long.

Chloe_Alumni

Hi @gingerella75, if you are still unsure then the Scope helpline may be able to provide some further advice. You can call them on 0808 800 3333

gingerella75

Excellent I shall be in touch 

Chloe_Alumni

I hope they are able to help @gingerella75!

gingerella75

Not good news. They demand that they have proof both tenants are 50% liable for rent but my landlord can’t. I get my half paid in full by housing benefit. I don’t know if council tax can say we are 50% liable 

gingerella75

I do pay my council tax small portion but the direct debit isn’t out of my account as they wouldn’t take it split 

gingerella75

Chloe_Scope said:

Hi @gingerella75, if you are still unsure then the Scope helpline may be able to provide some further advice. You can call them on 0808 800 3333

They tried to help but gave me a number for another housing association who can only help there own customers. But the man was polite.