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If I move into a new house within the same LA with one other person who works, can I still get SDP?

kami24kami24 Member Posts: 345 Pioneering
edited February 1 in PIP, DLA and AA
Hello I currently live in a flat alone but if I move within the same local authority into a house with one other person like a flatmate (they own the house and I Rent a room.)as the rent would be cheaper and they work, would I still be entitled to the severe disability premium?? 
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Replies

  • kami24kami24 Member Posts: 345 Pioneering
    I already receive pip and Esa support group and severe disability premium 
  • BrettWBrettW Member Posts: 607 Pioneering

    Severe disability premium

    You must get the disability premium or income-related ESA, and one of the following qualifying benefits:

    • PIP daily living component
    • AFIP
    • DLA care component at the middle or highest rate
    • Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)

    You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations:

    • they get a qualifying benefit
    • they’re registered blind
    • they’re a boarder or subtenant (but not a close relative)
    • they make separate payments to the landlord

    You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.

    Just pulled that off the Gov website. It looks like you would still qualify if you are living in shared accomodation with someone who makes seperate payments to the landlord but I would speak to CAB just to get it confirmed.

  • kami24kami24 Member Posts: 345 Pioneering
    What if it was a live in landlord? I dont want to go onto uc and lose alot of money 
  • BrettWBrettW Member Posts: 607 Pioneering
    The best thing you can do @kami24 is phone CAB and ask them their advice as the situation you are suggesting there is a bit unique
  • kami24kami24 Member Posts: 345 Pioneering
    Thankyou anyway. I will ring them 
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @BrettW I dont know how to fo whst you did but normaly if rent is being paid on the property   your living in and its housing benefit  when moveing to another place then they would be put  onto universal credit as there is no housing benefit  rent is paid in with your  universal credit 

    I am not sure if you can get disability premium whilst your on university credit  but would have to ask about the limited capacity for work that can be paid in your universal credit 
  • kami24kami24 Member Posts: 345 Pioneering
    Rules changed 27th Jan I read 
  • BrettWBrettW Member Posts: 607 Pioneering
    Like I said @lisathomas50 Kami needs to get advice on this one from somewhere like CAB who will have people with specialist knowledge on this situation and get it confirmed
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @BrettW I didnt see that sorry until after I posted 😔 
  • calcotticalcotti Member Posts: 443 Pioneering
    @BrettW I dont know how to fo whst you did but normaly if rent is being paid on the property   your living in and its housing benefit  when moveing to another place then they would be put  onto universal credit as there is no housing benefit  rent is paid in with your  universal credit 
    That's not correct. If the move is within the same local authority then the existing Housing Benefit can be revised to take account of the new tenancy. It is only if the move is to a different local authority that UC would need to be claimed if help with rent was required.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • kami24kami24 Member Posts: 345 Pioneering
    Think If You are on severe disability then you can move counties too but that's not my issue haha
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @calcotti ok maybe its different where you are then the information given to me  from the local council yesterday was if there is a break in the rent when you move from one property to another then we had to claim universal credit if we needed help with the rent as there is no housing benefit for new claims 
  • OverlyAnxiousOverlyAnxious Member Posts: 1,149 Disability Gamechanger
    kami24 said:
    Think If You are on severe disability then you can move counties too but that's not my issue haha
    No, that's not correct sadly.  You just get a little extra UC for now to cover some of the lost SDP.

    Will you have a proper tenancy agreement with the landlord?  If not, I don't think you'd be allowed HB or SDP.  If you will then it's possible.  As others have said though, it's such a unique situation that you really need some proper advice.
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
  • calcotticalcotti Member Posts: 443 Pioneering
    edited January 30
    Kami - are you claiming housing benefit? If so you need to bear in mind that if you move from a one bedroom flat to renting a room your housing benefit entitlement will go down so although your rent will be less you may be no better off in terms of your housing costs. At the moment you are entitled to the one bedroom Local Housing Allowance rate, if you are a lodger you will (I think) only be entitled to the shared room rate. 

    As regards the SDP, if you have a commercial agreement with your landlord and they are not related to you then they are not part of your household and you should still get the SDP. DWP may ask questions to confirm that you are not in fact a couple.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • calcotticalcotti Member Posts: 443 Pioneering
    @calcotti ok maybe its different where you are then the information given to me  from the local council yesterday was if there is a break in the rent when you move from one property to another then we had to claim universal credit if we needed help with the rent as there is no housing benefit for new claims 
    If there is a break that is true. A break means a gap between the two tenancies. If you go straight from one tenancy to another there is no break and the HB can continue. 
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • calcotticalcotti Member Posts: 443 Pioneering
    kami24 said:
    Think If You are on severe disability then you can move counties too but that's not my issue haha
    The SDP Gateway as it was called ended last week so this is no longer true.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @calcotti thanks for that here if we move from one property to another the housing benefit stops on the property we are movring out of so we have to claim for help on the new property which is why alot of people went onto universal credit 

    2 years ago I moved 2 doors down and had to claim my rent again 

    On universal credit it doesn't make any difference because your rent is in with universal credit  you just need to notify of your new address 

    I was havring a discussion the other day how things in England are done differently to Wales a few links have been put on here thst only apply to England so i ask about the Welsh version 😆  it can be confusing lol as the the Welsh have their own government  information for Scotland is different aswel 


  • calcotticalcotti Member Posts: 443 Pioneering
    edited January 30
    Housing Benefit is governed by national rules. My comments relate to England rules.  I'm going to add a note as a signature to my posts making this clear.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
  • Cher_ScopeCher_Scope Community Team Posts: 2,727 Disability Gamechanger
    @lisathomas50 The distinction between Welsh and English benefits legislation can be very confusing, I agree. 

    Amending your signature to highlight that your comments relate to England (unless otherwise stated) is a helpful move @calcotti - Thank you for your benefits assistance  :)

    @kami24 Please keep us updated with how you get on.  Good luck!
    Online Community Co-ordinator

    Want to tell us about your experience on the community? Talk to our chatbot and let us know. 
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @calcotti  thank you  I think your  brilliant  I wasn't saying you were wrong I think thst would be helpful if people said as I often have to ask does this cover wales 

    I wasn't disrespecting you and I am sorry if you thought I was i value what I have seen of your comments on this forum  
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @Cher_Scope thank you   its hard to explain sometimes  and I very much like @colcotti and they are very good on their advice  
  • calcotticalcotti Member Posts: 443 Pioneering
    edited January 30
    I am not aware of any differences between England, Wales and Scotland in respect of Housing Benefit. To the best of my knowledge the Housing Benefit Regulations 2006 are still the relevant regulations for all parts of Great Britain. If so would be incorrect for a local authority to state that a change of address within the same local authority requires a new Housing Benefit application. Of course it is not unknown for local authorities to apply the law incorrectly.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • kami24kami24 Member Posts: 345 Pioneering
    Thank you all. Im not offended Lisa no worries 
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @kami24 thank you its hard when there are different rules for England  and Wales  more so now in the pandemic  
  • calcotticalcotti Member Posts: 443 Pioneering
    @kami24 thank you its hard when there are different rules for England  and Wales  more so now in the pandemic  
    As already noted I don’t think there are any differences between England and Wales in respect of Housing Benefit.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
     We will have to agree to disagree 
  • chiariedschiarieds Community champion Posts: 6,896 Disability Gamechanger
    edited January 30
    @lisathomas50 - as mentioned, the Housing Benefit Regulations 2006. As you will see the geographical extent includes England, Wales & Scotland (E+W+S). Please see: https://www.legislation.gov.uk/uksi/2006/213/regulation/1?view=extent
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @chiarieds I dont realy want yo comment on it anymore becsuse it does happen happen here the piece of informant I posted further up the thread is from the Welsh council we changed last April 
  • calcotticalcotti Member Posts: 443 Pioneering
    edited January 30
    @chiarieds I dont realy want yo comment on it anymore becsuse it does happen happen here the piece of informant I posted further up the thread is from the Welsh council we changed last April 
    As noted local authorities sometimes apply the law incorrectly. Here is the official guidance on how to apply Housing Benefit law
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236955/hbgm-a6-deciding-and-paying-benefit.pdf
    Change of address
    6.424 If the change of address is
    • to another LA’s area, you may end the benefit award
    • within the LA’s area it may be treated as a change of circumstances as long as you are satisfied you have enough evidence to support the change, if so supersede the decision, see C6 Reconsidering, revising and superseding decisions later in this manual



    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    That is off the Welsh government website 
  • calcotticalcotti Member Posts: 443 Pioneering
    edited January 30
    It says you can’t make a new claim. No one is disputing that.
    The point is that a change of address within the same local authority does not require a new claim, the existing claim is simply revised.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Cher_ScopeCher_Scope Community Team Posts: 2,727 Disability Gamechanger
    Hi @lisathomas50 This is a friendly reminder to not deviate threads from the OP's question.  I've checked the information and links kindly provided by @chiarieds and @calcotti and they evidence that housing benefit claims should continue where moves remain within the same local authority. 

    To avoid conflict, please remember the online community guidelines and although I appreciate it is with the best of intent you commented, bear in mind double checking information you provide is correct and appropriate :)
    Online Community Co-ordinator

    Want to tell us about your experience on the community? Talk to our chatbot and let us know. 
  • SeanchaiSeanchai Member Posts: 411 Pioneering
    In Scotland , it depends in what council area  you are in as different councils give different benefits . There are a few different rules in Scottish councils...we now cannot buy council houses . The Scottish government are in the process of buying back council houses that were sold off ...plus we do not pay bedroom tax up here  or pay for prescriptions . We are also helped to the tune of £140  to help with our winter Bill's.  All the " wee"  odds and ends soon add up  👍👌🏴󠁧󠁢󠁳󠁣󠁴󠁿
  • calcotticalcotti Member Posts: 443 Pioneering
    edited January 31
    Seanchai said:
    In Scotland , it depends in what council area  you are in as different councils give different benefits . 
    Not in respect of Housing Benefit. As noted in previous posts Housing Benefit in the three countries of Great Britain comes under one set of regulations.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • kami24kami24 Member Posts: 345 Pioneering
    Hi so if I move to a room like a flatshare and the landlord rents the room out and doesn't live there and only one other renter lives there who doesn't own it shares it with me will I still be entitled to my sdp? 
  • kami24kami24 Member Posts: 345 Pioneering
    Shares the flat *not the room 
  • calcotticalcotti Member Posts: 443 Pioneering
    edited February 5
    As previously advised, if renting a room in a shared house you would still be entitled to SDP if you meeting the qualifying conditions. 
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • woodbinewoodbine Member Posts: 2,915 Disability Gamechanger
    @lisathomas50 benefit rules are the same in England and Wales, there are some differences in Scotland and N.I as they have more devolved powers.
  • lisathomas50lisathomas50 Member Posts: 3,033 Pioneering
    @woodbine not i am not allowed to comment 
  • calcotticalcotti Member Posts: 443 Pioneering
    calcotti said:
    Kami - are you claiming housing benefit? If so you need to bear in mind that if you move from a one bedroom flat to renting a room your housing benefit entitlement will go down so although your rent will be less you may be no better off in terms of your housing costs. At the moment you are entitled to the one bedroom Local Housing Allowance rate, if you are a lodger you will (I think) only be entitled to the shared room rate. 
    Kami, reading through this thread again I now think this earlier post of mine is incorrect. Because you are entitled to the SDP, even if you live in shared accommodation you will remain entitled to the one bedroom Local Housing Allowance rate. I apologise.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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