Severe Disability Premium

TaraHeart

Hello lovely people, 
I had a chat with a CAB advisor yesterday which has left me very confused as I’m not sure the advice received was actually correct. Can you help?
I was advised to make a claim for SDP(severe disability premium) as I live alone and no one claims any carers benefits on my behalf.
However, (and I did make this known),I’m on the contributory new style ESA (no choice,when my claim started 3 years ago this was it, I had previously worked for 40 years before becoming ill so qualified). I’m in the support group. From reading here and my own research, no SDP is applicable in my case. Am I correct?
I also receive UC in the LCWRA group and PIP (enhanced for both). I was advised to move over to UC totally but want to stay with ESA as I’m 62 and cannot see any benefit to doing this. Am I correct?
Getting a headache already!!!!
Thank You.

Ross_Alumni

Hello @TaraHeart

Thanks for making this post, I hope you are well.

Sorry to hear that you left the call with the CAB adviser still uncertain about this, that must be quite frustrating.

This Turn2Us page describes the eligibility criteria for SDP, and says:

To get a Severe Disability Premium (SDP), you have to be getting an income-related benefit. This could be: 
Income Support
income-related Employment and Support Allowance
income-based Jobseeker's Allowance
Guarantee Pension Credit
Housing Benefit.

Based on what you have said in your post, I would take from the above that you won't be eligible for SDP.

poppy123456

You are correct, the SDP is not payable when claiming New style ESA. It's also not payable when claiming UC.

TaraHeart said:

I also receive UC in the LCWRA group and PIP (enhanced for both). I was advised to move over to UC totally but want to stay with ESA as I’m 62 and cannot see any benefit to doing this. Am I correct?

That's very poor advice you were given here. Although there's no financial gain to claiming both together the New style ESA isn't means tested like UC. Claiming New style ESA could be useful in the future, if your circumstances change.

calcotti

Tara, if you have the energy I encourage you to give feedback to CAB about the incorrect advice you have received above it SDP and the poor advice you have received about ESA/UC. CAB need to know that there is a training and/or supervision issue.

You should definitely keep the ESA. If your circumstances changed (came to capital or became half of a couple for example) your UC could stop but your ESA would be unaffected. If you gave up the ESA you would lose that protection. Although it is correct that it, currently, makes no difference to your overall income there is nothing to be gained by giving up ESA.

TaraHeart

Thank you so much for all your replies lovelies. Just helps to know I’m not going totally mad just yet! The advisor I spoke with was quite insistent and I tend to be pretty low key..think she meant well as if I had been lucky enough to be getting income related ESA the SDP would be relevant.When I could get a word in I tried to explain this! Yes, I won’t change a thing and think I’ll send an email (can’t face another ear battering!)addressing the incorrect advice received.
Thank goodness for you lovely people.

JMC2003

Could someone PLEASE help advise me with regards to the SDP please,

I've researched this over and over constantly finding different criteria's and eligibility's all the time.

I am 36 Years old and still live at home with my Mother. I am in receipt of PIP (enhanced daily living and enhanced Mobility) along with being on income related ESA in the support group.
My mother aged 56 is also on PIP (standard daily living and enhanced mobility) and is also on ESA and in the support group.

Given my condition and the need for constant care I've been unable to leave home so have therefore had a conversion to our property.
It's a 3 bedroom house (owned by a housing association) and has the rent paid with housing benefit which my mum claims.

Upstairs, the largest room - has been revamped into another living area to give me some independence and my privacy as if it would be if living alone.
It has all the things a bedsit/apartment would have such as a sofa, arm-chair, TV, living room furniture, a study at the far end (desk, pc screens, computers etc etc) with the opposite end catering further for my living needs where I have a small fridge/freezer, microwave, kettle, food cabinet for storage and own utensils etc etc.

The upstairs (mine) living room also has a solid fire door which is securely locked and only ever accessed by myself.

As I live upstairs I never have the need to go down into my mums living room or the kitchen and never do so.
The only part of the house that we actually share is the stairs what are behind the front door and of course the bathroom, that's it.

With regards to the 2nd room upstairs I also occupy that as that is my bedroom.
However, due to the bedroom tax law/rule I have to pay the housing association a standing order of around £15 to cover the shortfall of Mum's housing benefit.

I do not split bills 50:50 with my mother as the vast majority are separate such as:
. Shopping (I have my own delivered) . Ready made meals/takeaways (I pay my Aunt whom pre-cooks me meals for most nights per week so I just need to re-heat in microwave) . Broadband (I have my own contract as Mums is on her mobile) . TV Subscriptions (Sky TV and Netflix).

I also pay my share of the electricity which is measured using a separate energy monitor/device to my living room/area.

Now, the question I'm asking is am I entitled to the SDP or not because at the end of the day I still live under the same roof as my mother so surely I would be classed as a none-dependent wouldn't i?
Meaning neither me or mum can claim the SDP as most websites claim.
However, many others state that just sharing a bathroom and starts is classed as living alone and therefore we should be able to claim the SDP.




Thank you sooooooooooo much!     

poppy123456

@JMC2003

No need to live separately in your case because you're both claiming daily living PIP. This means providing no one is claiming carers allowance or carers element of Universal Credit then you'll be be entitled to SDP, providing your mums ESA is Income Related.

See link. https://www.entitledto.co.uk/help/severe-disability-premium

If you are single the severe disability premiumis included in your award if:

• you receive a qualifying disability benefit (Attendance Allowance, constant Attendance Allowance, the care component of Disability Living Allowance at the middle or highest rate or Personal Independence Payment daily living component at standard or enhanced rate); and
• no-one gets paid Carer's Allowance (CA) or the carer element of Universal Credit for looking after you (if your carer is eligible for CA but does not receive a payment due to overlapping benefit rules then they do not count); and
• you have no non dependant adults living with you (unless they are also receiving a qualifying disability benefit or are registered blind)

Take note of the last sentence in the above copy and paste.