Hi there,
I am new here, and was wondering if I could get some advice for a current issue I am having with my benefits. I am looking to see if I am eligible to Severe Disability Premium as DWP are currently being really difficult. I believe that I am, and have been entitled since 2017. So I was wondering if it would be possible to get a backpayment from back then. I have written an appeal letter with my carer who is my appointee and was wondering if I can get some feedback. I have attached it below.
Thanks in advance,
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Dear Whoever It Concerns,
I am writing this letter to appeal the refusal of my appointee's claim to Severe Disability Premium decided by the DWP over the phone on 08/12/2021. James (redacted) is on ESA currently due to his inability to work due to a complex range of disabilities that greatly affect his quality of life daily. He has been on ESA since 2017. James (redacted) has been claiming PIP since 2018, which was backdated to 2017 when he won his court hearing at Tribunal, awarding him high rate mobility allowance and high rate daily living allowance.
According to government guidelines concerning SDP, the claimant needs to be on one of the following benefits:
- Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)
- Disability Living Allowance care component at the middle or highest rate
- Personal Independence Payment daily living component
- Armed Forces Independence Payment
James (redacted) is on PIP, so qualifies so far.
Secondly, James (redacted) is single.
- No one must be getting Carer’s Allowance or Carer’s Element of Universal Credit for looking after you, and
- You must be the only adult in the household. If you live with a flatmate who you split bills with, you will probably be treated as the only adult in the household.
- If you live with another adult who is not your partner, you might still be entitled to a Severe Disability Premium. This can be complicated and you should use our tool to find an adviser
James (redacted) and I are in a joint tenancy agreement but make separate payments to our landlord through bank transactions. I do not claim Carer's Allowance because I am in university. There is a sofa bed in the living room where I sleep.
The DMG Chapter 44: Normal amount payable & Components reads:
Sharing the accommodation
44127 People should not be regarded as sharing the accommodation if1
1. the only shared area is a
1.1 bathroom or
1.2 lavatory or
1.3 communal area (see DMG 44128) or
2. they are separately liable to make payments (see DMG 44129) to the landlord for that accommodation.
1 ESA Regs, reg 71(6); R(IS) 12/96
44131 Whether a person has separate liability to a landlord (see DMG 44127 2.) should be determined by reference to the arrangements within the group. But DMs should note that the liability has to be to the
same landlord. Reference to some other liability of the person to a third party is not relevant.
Considering James (redacted) qualifies for SDP, he has been entitled to SDP since 2017. This means James (redacted) is entitled to a back payment that covers the 5 years he wasn't awarded SDP. £67.30 a week for a single person.
Please find attached evidence of James (redacted) and my bank statements proving the separate bank payments to (Redacted Estate Agents) for the property (Redacted property address). Also find included, our tenancy agreement.
Regards,
Nathan (Redacted)
