My son gets ESA and PIP. His dad and I both claim PIP. Can he get SDP if he lives with us?

essexgirl55

Hi ,my son gets esa in support section, also enhanced PIP for care and mobility. Can he also get severe disability premium if he lives here with parents . I am on enhanced pip for care and mobility. His dad is on standard care pip and enhanced mobility pip .tyia 

poppy123456

Hi,

Which ESA exactly does he claim? Is it New style ESA, the old Contributions based or Income Related? Does anyone claim carers allowance or carers element of Universal Credit for looking after him?

essexgirl55

Not sure which esa he has.hes had it for years .he is deaf,with learning difficulties and challenging behaviour.  He also has enhanced PIP.  Nobody gets carers allowance for him (I used to claim it but when I retired I was told I couldn't claim the money it would be in name only ) so I gave up carers allowance so that he could go back to getting sdp .no one gets uc for him.he is 48 he just gets esa & pip. But now they saying because he lives with parents he can't claim it. I have told them that I am on enhanced PIP and my husband is on standard PIP for care and enhanced for mobility. But woman on phone says that dosnt matter .

poppy123456

It sounds like he’s either claiming the old contributions based or Income related. 

If there’s no other adults living with you then because you’re all claiming daily living PIP then he will be entitled to the SDP. 

calcotti

essexgirl55 said:

Nobody gets carers allowance for him (I used to claim it but when I retired I was told I couldn't claim the money it would be in name only ) so I gave up carers allowance so that he could go back to getting sdp .

You didn’t have to give up CA. When your State Pension started they stopped paying you CA. However had you kept the claim open you would have retained an ‘underlying entitlement’ to CA which would mean you would get a carer Premium added in the calculation of means tested benefits such as Housing Benefit or Council Tax Reduction. Provided you didn't claim UC your son would be entitled to the SDP. 

essexgirl55 said:

But now they saying because he lives with parents he can't claim it. I have told them that I am on enhanced PIP and my husband is on standard PIP for care and enhanced for mobility. But woman on phone says that dosnt matter .

That is not correct. As you all get a relevant disability benefit he is entitled to the Severe Disability Premium (assuming there are no other adults in the house). He should contact them again - hopefully he’ll speak to someone’s more knowledgeable. If he’s had a written decision refusing the SDP then he needs to request a Mandatory Reconsideration of the decision.

Are you and your husband both pensioners? If so, have you ever checked entitlement to Pension Credit - you would be entitled to a double Severe Disability Premium. If you claimed Carer’s Allowance, you would also be entitled to a carer premium (which would not affect your son’s entitlement to the SDP).

calcotti

calcotti said: As you all get a relevant disability benefit he is entitled to the Severe Disability Premium (assuming there are no other adults in the house). 

To expand on the above statement, here is DWP guidance on the SDP.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1043783/dmgch44.pdf#page24

General

44111 SDP is payable to a severely disabled person. There are two rates of SDP.

Lower rate

44113 Single claimants, lone parents and claimants who are deemed to have no partner (see DMG 44116) are entitled to the lower rate SDP if

1. they are in receipt of

.

1.3 the daily living component of PIP or

.

2. there are no non-dependants aged 18 or over

2.1 normally residing (see DMG 44125) with the claimant or
2.2 who the claimant normally resides with and
3. CA or UC that includes the carer element is not in payment to anyone for caring for them (see DMG 44156).

Non-dependants

44119 Non-dependants are people who are aged 18 or over who

1. normally reside with the claimant or

2. the claimant normally resides with (see DMG 44125).
That is, share the accommodation (see DMG 44127). Certain people who normally reside with the claimant are not regarded as non-dependants (see DMG 44139).

People who are not non-dependants
44139 [See Memo DMG 9/21] People who normally reside with the claimant and are not non- dependants are
.

9. a person in receipt of

9.1 .

9.2 
9.3 the daily living component of PIP
9.4 

The person who has said he cannot receive the SDP has treated you and your husband as non dependants which under clause 44133(2) means he would not be entitled to the SDP.
However clause 44119(9.3) means you and your husband are not non-dependants because you both receive Daily Living PIP. Therefore 44133(2) does not apply and he is treated as living alone and entitled to the SDP.

poppy123456

essexgirl55 said:

But woman on phone says that dosnt matter .

If this was someone from the DWP call centre then again such bad advice coming from them. They have almost no benefit knowledge and the person shouldn't said what they did. They are not a decision maker and only a decision can maker can decide entitlement to a benefit.

I live with my adult daugher and i claim Income Related ESA. We both claim daily living PIP, which means i'm entitled to SDP, which i claim.

essexgirl55

Thank you all for your advice.i was pretty sure he would be entitled to it .I have asked her to send a form out so I can put it in writing and no just deal with this very stroppy woman on the phone.after waiting over 2 hours for her to answer it. I gave up carers on 1st November 2021 and have been trying to sort it since then ,the 1st 4 people I spoke to said he should be entitled to it and would sort it ,but no one has.then this woman flatly said no.will he get back pay if it turns out he is entitled to it ?... to calcotti, in answer to your question about pension.only I am receiving state pension ,my husband is a few years younger than me .that has caused a lot of problems in our benefits as well unfortunately.  

calcotti

essexgirl55 said:..I gave up carers on 1st November 2021 

As advised there was no need to do this. What counts is not where you are entitled to CA but whether or not you receive CA. When you started receiving your State Pension you stopped receiving CA.

essexgirl55 said:

..will he get back pay if it turns out he is entitled to it ?.

Yes.

essexgirl55 said:.only I am receiving state pension ,my husband is a few years younger than me .that has caused a lot of problems in our benefits as well unfortunately.  

'Mixed Aged Couple' (MAC) rules are now very complicated. Does your husband claim any benefits other than PIP?

essexgirl55

Pip and uc 

essexgirl55

Think he still gets sdp that was kept as a ongoing benefit when we went from income support to UC .

calcotti

essexgirl55 said:

Think he still gets sdp that was kept as a ongoing benefit when we went from income support to UC .

That will be SDP transitional protection. Note that when the amount you receive for the other elements goes up next month the SDP transitional element will be reduced so your total UC entitlement will remain unchanged.

Some questions about your UC award
How much is the SDP transitional element?
Does one of you get the LCWRA element?
Does the other one claim the carer element?

essexgirl55

It just says transitional amount,but dosnt say what it's for. We tried to  claim it  in Feb 2021 but it was never sorted out .so we have no breakdown of what it should have been. We changed from income support to UC in July last year . But this only went on last month . No back pay or anything .and no explanation 😕 

calcotti

Each month you get a Universal Credit statement

calcotti said:Some questions about your UC award

How much is the SDP transitional element?
Does one of you get the LCWRA element?
Does the other one claim the carer element?

I infer you were claiming Carer's Allowance and Income Support and both ended due to you reaching pension age. Did you change to UC before or after you reached pension age? 

essexgirl55

After reaching pension age 

essexgirl55

The sdp is 450 a month roughly . So I presume that means it's for me & hubby . But that shouldn't make a difference to sons income should it.he claims in his own right 

calcotti

essexgirl55 said:

The sdp is 450 a month roughly . So I presume that means it's for me & hubby . 

That's great. That is the maximum SDP amount you can get in UC and is indeed for you both. As advised previously it will reduce in April when the other elements go up so your maximum amount will be unchanged.

essexgirl55 said:

But that shouldn't make a difference to sons income should it.he claims in his own right 

Your UC makes no difference to your son's entitlement to SDP in his ESA.

Do you or your husband get the carer element of UC for looking after the other?

essexgirl55

i get carers element for looking after husband.when he claimed carers allowance for looking after me they stopped all our money we had 0.00 income from uc and had to pay half our rent. we got in so much debt. that went on for 6 months so he had to cancel his claim for carers allowance.  they took him off the 'limited capability to work'  so him claiming £67 a week carers allowance cost us a lot of money.  and we had to find money for the rent. we both ended up using all our savings to live . weve now got ours sorted out ,but they are not sorting my sons money out.

poppy123456

When claiming Carers Allowance as well as UC there's no financial gain because the CA is deducted in full from any UC entitlement.