SDP and ESA

burkhilly

Can anyone advice please.  Supported my sister at tribunal with the appeal being upheld.  She is now in the WRAG.  She has been claiming ESA since early January 2017 and received the SDP premium.  However, she is now only receiving a basic rate of £101.00 per week.  This is a loss of around £200 a month.  She receives standard rate PIP.  Nothing has changed in her circumstances since Jan 2017.  I have telephoned the DWP who say that her daughter is a non dependent adult, and therefore she is not entitled to the SDP.  As her daughter is 24 years old, she was an adult in January 2017, therefore circumstances have not changed.  The worry here is also that my sister should not have been receiving the SDP in the first place and this may have been an error by DWP.

Thanks in anticipation for any advice.

poppy123456

Hi,

Unless her daughter receives a qualifying benefit herself such as DLA mid/high rate care or daily living PIP then she won't be entitled to claim the SDP, if her daughter lives with her.

If those were her circumstances when she previously claimed SDP then yes it will have been an error on DWPs behalf, if your sister told them her daughter was living with her.

burkhilly

Thank you for your response.  This is a minefield to negotiate - given that her daughter is a FT student training to be a nurse (and previously doing A Levels) - I wonder how they can justify saying that my niece is a 'non' dependent' when she still depends on her mother for lots of basic stuff.  I am not going to tell my sister about this information - because if she knows she will have a meltdown thinking that she owes the DWP money..

Again thanks for your response very helpful.

poppy123456

No problem.

If you're sister was receiving tax credits for her daughter then she would be classed as a dependent child. As she's over the age of 20 then she's classed as a non dependent. Lots of students of this age work and attend uni to support their self, my eldest daughter had to do this when she was attending uni for the past 3 years.

May i just ask when your sister was claiming the SDP previously was her daughter actually living at home or was she living in student accommodation? then returning home during term time? There are some situations where those claiming SDP are "classed" as living alone and this may be one of the situations.

However, if her daughter is now living with your sister then DWP are correct, she won't be entitled to the SDP.

Adrian_Scope

Welcome to the community @burkhilly. Congratulations on the positive tribunal result!
I'm really sorry the SPD news wasn't what you and your sister were hoping for. Please let us know if we can help with anything else.

burkhilly

Thanks for everyone's response.  I really feel so sorry for people who are dealing with the DWP - so very difficult, particularly without support.  I was one of those people who thought ,up to about two years ago, - as if the DWP is so awful - I now know that the rules, regulations and waiting times are horrendous, and I can't see it getting any better.  Some of the most vulnerability people in our society being treated appallingly.and clearly targeted - thankfully your forum does help and support people - so thank you again.

poppy123456

When your sister was claiming the SDP previously, if it was a DWP error then the overpayment will not be recoverable.