Esa severe disability while sons at university

maxjess71

Hi all, been claiming esa with severe disability since my son went to university 23rd September 2019,
 he lives in residential halls.
child benefit and tax credits ended 31st August...in which esa were totally aware of this.
Esa asked for evidence that showed he wasn’t living with me also child benefit and tax credits ends, which were sent to them, I know they received this info as I was informed today about them receiving that inform.

however today I received a letter to tell me esa have stopped my severe disability, even though my circumstances haven’t changed, I need to show evidence that I claim single person housing and council tax, in which I do and my sons down as a non dependant, he lives in halls of residence at university.
also explain why my son has his post still coming to my house, in which was told to use the words that it’s his correspondence address, in which it is. I didn’t think I was breaking the law also no ones ever explained I can’t have his mail being sent to me.

im pulling my hair out as I’m worried I now owe money to them, but in no circumstances did esa ask me for evidence of where my sons living just to show I’m living alone in which I have done since September.

can anyone advise please 

poppy123456

HI,

You say you're claiming housing benefit, do you rent privately or from social housing? If it's privately renting then i'm assuming when your son left home your housing benefit was reduced to the 1 bedroom rate?

If you're renting from social housing then i'm assuming you're paying bedroom tax for the spare bedroom?

maxjess71

Hi poppy claim housing benefit from social housing.

no I’ve done a recent review and don’t pay bedroom tax 

maxjess71

I’ve just looked on my paper work, when I asked the council about bedroom tax, I don’t have to pay it as my son doesn’t work while at university nor when he’s home in the summer, especially this year. 

I sent his 3 year university certificate stating non dependent 

poppy123456

If you're not paying the bedroom tax then your son's main residence is classed as living with you. You can't expect to be excluded from the bedroom tax and claim SDP at the same time, it's one or the other.

maxjess71

ok that Hank you no ones explained this to me