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

Joanne_Alumni

Hi @gingerella75. Do you not have an award letter from HB that shows they are paying 50% of the rent on your behalf? That might be enough proof to show that the tenancy is split. 

gingerella75

Yes I do and they have it and my tenancy agreement. They say it isn’t enough evidence that they want proof of separate payments! My landlord now writing a letter so now it’s the council tax. Direct debit on other tenants account as he pays majority but they will deny me because of that. All other agencies are happy. I have asked for a letter that clearly states we are equally liable for council tax. Set up standing order for the separate payments but it will only stand for a new claim with no back payment. I asked to appeal the decision and the woman on phone said I couldn’t 

poppy123456

You can appeal any decision and the first step to this is mandatory reconsideration.

gingerella75

Yes I know! I am registered with a website that allows you to write to DWP publicly and I have. Tenant is getting a letter to confirm his weekly rent charge which surprise surprise with be the exact same amount as my housing benefit, put both together and they match the tenancy agreement! Maybe I write it in shouty capital letters so they can read it clearly! The other site an advisor said she had dealt with a few and only provided tenancy agreements and council tax bill. I don’t want him here but can’t legally force him to move and my boyfriend stays over at weekends and cooks for me and kids and joint tenant sleeps on mattress on floor in lounge! She said I need to send more paperwork to prove that they have asked for and they will ‘consider’ looking at it again

the woman from DWP telling me I can’t appeal is rubbish! I’ve had 3 tribunals and 5 appeals!  

gingerella75

I haven’t received any letters at all, I have had to call and ask for a callback 

poppy123456

I realise you're angry but shouting in a letter really isn't going to help you here. I'm assuming the tenancy agreement is in both names?

Clarifier

Hi poppy12345

Just joined the community and looking for some clarification

Going back to the original post from lb123 who has a joint tenancy with adult son and is querying eligibility for SDP

I've had a look at the document on the hyperlink you provide to the decision maker's guide 

DMG Vol 8 Chapter 44

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/811553/dmgch44.pdf

See 44139

People who are not non-dependants

8.
a close relative who satisfies 7. and the
8.1 claimant or partners co-ownership or joint liability arose

8.1.a before 11.4.88 or
8.1.b if later, on or before the date on which the claimant or partner first occupied the dwelling

Would 8.1.b apply to lb123 ??

Why is it so difficult to find all this information I wonder.

found an easier summary of it here

https://www.a1benefitsupport.com/sdp-who-is-a-non-dependant

poppy123456 said:

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

poppy123456

@Clarifier

Hi,

This is an old thread but to answer your question then no 8.1b will not apply to the son here. The reason is because the son is expected to care for the mother because they are classed as a close relative.

It's not difficult to find the information regarding close relatives and SDP.

Hope this answers your question.

Clarifier

Here is a summary of the regulations that may apply:

People who are not non-dependants

7. a person or their partner who is not a close relative, except where
8. applies, who jointly occupies the claimant’s dwelling and who is
7.1 a co-owner of the dwelling with the claimant or partner or
7.2 jointly liable with the claimant (or partner) to make payments to the same landlord for the occupation of the dwelling
8. a close relative who satisfies 7. and the
8.1 claimant or partners co-ownership or joint liability arose
8.1.a before 11.4.88 or 8.1.b if later, on or before the date on which the claimant (or partner) first occupied the dwelling

poppy123456

Clarifier said:

Here is a summary of the regulations that may apply:

People who are not non-dependants

7. a person or their partner who is not a close relative, except where
8. applies, who jointly occupies the claimant’s dwelling and who is
7.1 a co-owner of the dwelling with the claimant or partner or
7.2 jointly liable with the claimant (or partner) to make payments to the same landlord for the occupation of the dwelling
8. a close relative who satisfies 7. and the
8.1 claimant or partners co-ownership or joint liability arose
8.1.a before 11.4.88 or 8.1.b if later, on or before the date on which the claimant (or partner) first occupied the dwelling

There's 2 different questions by 2 different people in this thread. The original poster who started the thread lives with their son, who's classed as a close relative and therefore not entitled to the SDP.

The 2nd question from a different person (gingerella)  is a totally different question because they live with their ex partner, who is not a close relative, but the decision maker has decided that they were not entitled to the SDP.

Clarifier

It is difficult to find the information as the regulations appear to state:

the close relative is not regarded as a non-dependant in this situation

The information should have been requested from the claimant on an IS10 form

gingerella75

I’m not angry, just has been like pushing a boulder up a hill with a crippling illness that has you trapped in a body that has no breaks or deformities but raging pain. You crave human touch to feel a bond and supported but that itself causes such hideous pain and a feeling of a bleak future. That doubled with mental illnesses that if meds aren’t right you don’t know you are more ill than usual. But to get the help I’ve had to fight every time and it does leave you in despair. 2 special need teenagers and somebody who occupies your home that legally isn’t in my favour. I didn’t chose it and even letters from gp and my landlord literally spelling it out is not enough. I now have another compliance interview on phone which I don’t care I have completely disclosed everything and had 1 last year. I’ve been told by dwp that my entitlement to single welfare claims has nothing to do with my entitlement to sdp
as it is not a welfare benefit but to be entitled to it you have to be in receipt of welfare benefits. I know they have to be certain and I welcome that but I even have a decision from the tribunal services saying I am single. That was a horrendous time that 1 year turned into a question of 7 because I would not back down because I knew the truth and so did other agencies. So it’s not a regular situation but I have had to fight more than is fair but there are others in my situation not knowing they can argue the system as there is president for it. I wish I had the energy to get angry but more dissolution ??? 

gingerella75

I apologise, I wasn’t shouty just overwhelmingly tired and frustrated from constant complications every time I ever have to deal with them, the stress caused me to need a medication review, it wasn’t until after that I realised I wasn’t well. I asked for reconciliation, they did a compliance check and they have awarded it. I applied in 

I just don’t understand the esa rate I am on. I am in support main phase, which disability premium would they give me? They have to backdate it to 2013. Would I already have the disability premium? Would the severe be additional.

again sincere apologies, I have had to fight them every time about my disability, I look fine but the more stress I have the more pain. Fibromyalgia is a horrible invisible beast! I looked back on my records and I applied for it in April. 

gingerella75

my disabled son is staying in full time education after he turns 18 he has enhanced pip living. Will this mean my entitlement will end? 

Adrian_Scope

Hi @gingerella75. I'm sorry this has caused you so much stress and I can understand why you're so frustrated. 

How much ESA are you currently receiving? We might be able to work out what premiums (if any) you're currently getting if we know the rate. 

As your son has enhanced daily living PIP, this won't change any potential entitlement you have to SDP. 

gingerella75

£256.90 a fortnight. I have pip standard daily living and enhanced mobility. They ordered a compliance check and tbh I found that amusing as I had one last year or exactly the same. they had overwhelmingly proof I was entitled and asked for proof that doesn’t exist so I had council and landlord to write to them telling them it! Works out at ?? worked it out as 263 weeks dating back to 2013! 

Adrian_Scope

Hi @gingerella75.

It sounds as though you're getting just the Enhanced disability premium. 

£111.65 a week support group + £16.80 Enhanced disability premium 
= £128.45 per week.

gingerella75

Yes, so now I have been told I have been awarded the severe premium. When they first declined my claim they said I couldn’t appeal because I had no reason to. I stood my ground and refused. They were deliberately awkward and asked for things that didn’t exist but I stood my ground and had my landlord and council to say they were wrong! Most people would have given up, I want people to know that no matter how odd there situation is don’t be put off! If I can win and mine is very odd they likely can. 

No shouting ? I just want people to know there is hope 

Adrian_Scope

That's great @gingerella75! Well done for standing your ground and I'm glad you were able to fight for what you were entitled to. Thanks so much for sharing with us. 

gingerella75

Your welcome to come back to me for any queries regarding anyone facing the same dilemma as I did. Sometimes when parents split they can’t move out and benefit agencies refuse to see them as single and expect them to continue as a couple, people aren’t told they can challenge them and that it isn’t disallowed like the day it is.