Severe Disability Premium & Non-dependant status of close relative in Joint Tenancy

Clarifier

Last night, I commented on an old thread regarding SDP and Joint Tenancies.

I apologise to @poppy123456 if I confused the issue by posting on an old thread that had 2 different questions.  I am new to the community so still unclear how everything works around here.

I am only referring to the original post, ie, the first question,

which refers to an ESA & PIP claimant who has a joint tenancy with a close relative

It seems in certain situations, not all, depending on when the joint tenancy began,  there is still an entitlement to Severe Disability Premium.

I still think it needs clarification and would be grateful if others from Scope could contribute their interpretation of the DWP regulations which I referenced in my post last night.

Here is a link to the thread that was originally posted in February but has been added to since then - most recently last night.

https://community.scope.org.uk/discussion/56214/am-i-able-to-claim-severe-disability-premium-joint-tenancy-agreement

BenefitsTrainingCo

Clarifier

 'ESA & PIP claimant who has a joint tenancy with a close relative 

It seems in certain situations, not all, depending on when the joint tenancy began,  there is still an entitlement to Severe Disability Premium.'

Hi Clarifier. Happy to help. For IS, income-based JSA, income-related ESA and PC, if a joint tenant or co home-owner is a close relative, then s/he can count as a non-dependant (meaning no SDP) unless the co-ownership or joint tenancy existed EITHER before 11 April 1988 or by the time you (the claimant) or your partner (if you live with a partner) first moved in.

I can see that you have commented on the previous thread and quoted the regulations (reg 71 of the ESA regulations).

Leaving aside co-ownership/joint tenancies which existed before 11 April 1988, it is quite unusual to find co-ownership/joint liability which existed before someone moved in, but it does of course happen. For example, siblings buy a flat together but to begin with only one sibling lives there, later the other sibling (who is the claimant) moves in, that would NOT be a non-dependant situation.

With a joint tenancy, there are sometimes situations where liability starts before moving in, for example, when someone is leaving hospital. So it is worth looking out for those. It's also worth bearing in mind that 'close relative' has a specific definition which is always worth checking (it doesn't, for example, include cousins, nieces or nephews). 

Will

Clarifier

Thanks for clearing this matter up.

Eligibility can also occur if the joint tenancy began on the date of moving into the dwelling

I hope this helps anyone in the situation where they may be eligible for SDP and have a joint tenancy with a close relative. Worth checking when the joint tenancy began.