SDP benefit.

molliemoore

I was reading a post on her regarding sdp benefit,and want some advice as I've hit a brick wall already.my husband who we are separated,still lives in same property as hes a joint tenant, and dwp have said I cant claim this as I dont live alone or have separate tenancies.  Hope someone can help please.

poppy123456

Hi,

With a joint tenancy then i'd say no. If you had separate tenancy agreements then it maybe possible. It's even more complicated when you're still living with your ex partner.

May i also ask if you're claiming benefits as a single person?

molliemoore

Yes I'm claiming as single and my council dont do separate tenancies. 

poppy123456

It maybe possible to claim this based on you being treated as living alone. Is your ex husband liable for paying 50% of the rent and do you claim for 50% of the rent or does one of you claim for the whole rent?

molliemoore

We both claim housing benefit for 50% each of the rent.

poppy123456

Then you should be entitled to claim the SDP if there's no other non dependents living with you. If there isn't then i'd advise you to send in both of the housing benefit award letters to prove this.

molliemoore

Yes I can do that.the dwp women said the rule is hardened and also it's to do with money coming in house.sge just wouldn't listen. I will fight this all the way. Thank you x

woodbine

Sometimes its worth phoning again as you might get another person who is more sympathetic/understands the problem better.

poppy123456

May i also check which ESA you're claiming? Is it the old legacy ESA Income Related or Contributions based or New style ESA?

molliemoore

Thanks woodbine,any one would think she was paying me from her own pocket. Poppy123456,yes the old legacy benefit of income related esa.

poppy123456

It’s because the SDP rules are very specific but you should be able to claim is because you’re classed as living alone. 

molliemoore

Thank you so much,I will keep you informed as to what's happening. X

Adrian_Scope

Hi @molliemoore. Have you had any news? 

molliemoore

No not heard anything, even CAB office didn't know if I was entitled to it. I even rang my local DIAL office .I've a joint tenancy, claim housing benefit each of us.  Online calculators all say yes,but I'm not sure.

poppy123456

Benefit calculators are not always useful and in your case it's not going to help because they are only as useful as the information you put into them. Your issue is the joint tenancy agreement. If you each had a tenancy agreement then it would be more straight forward.