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tracymc
Community member Posts: 8 Listener
hi was wondering if anyone have there views on this iv been in recite off dla(middle rate) for approx 13 years iv just been moved to pip high rate I applied for severe disability premium but they turned me down for it saying someone lived with me (son) but he moved out in April 2014 iv got council tax lettered stating I received single occupancy on my council tax I have proof off this since April 2014 can they deny me sdp again (also forgot to mention my son was using my address for c/o address for his tax credits even though he lives elsewhere bec his home is no secure and is shared by several people ) ty in advance for advice
Comments
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Just adding to this no 1 has ever claimed carers allowance for me and no one has ever lived with me only my son who moved out in April 2014
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Scope
Senior online community officer -
Hi @tracymc I am assuming we are talking about ESA refusing to pay the SDP. If so I am wondering why you are only applying for the SDP now when you say you were on DLA middle rate care for 13 years. If your circumstances were the same, you should have the SDP for this time too. I would advise you to request a mandatory reconsideration of the decision refusing you the SDP, providing as much evidence as possible. You have 1 month from the date of decision to request this, you can do it over the telephone, by letter or by completing a form which you download here: https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp
You should send them anything you think supports your case, such as a copy of your council tax showing single occupancy, perhaps your son's tenancy agreement, a statement from him that he is living at his own address, evidence of him having difficulties receiving post at his home address (such as a complaint lodged with the Post Office), evidence of him reporting the change of address to Tax Credits and why (they should have a recording of the call he could request) - anything you can think of which supports your case. However if he is using your address for Tax Credits, this may well be the source of the problem and you will have to wait for the outcome of the reconsideration, but ultimately may have to request a tribunal hears your case if the decision is not changed at reconsideration. I would also say that you are also now also entitled to the enhanced disability premium if you are not already getting it (£16.40 p/w) if you are on enhanced rate of the daily living component of PIP. I would just check you are being paid that one OK.The Benefits Training Co: -
Hi Iv been on esa support group since 2012 but my son moved out April 2014 and I didn’t know I could recive sdp until iv just been awarded pip and high rate bec I was looking on benefit calculator and it suggested I might be entitled to sdp so I applied and got turned down I have done what use have told what to do iv filled in a new is10 form iv also included 4 years c tax letter which includes that I was entitled to single occupancy and iv included a letter from my son stating that he only used my address for c/o address also iv enclosed a letter from myself explaining that no one has lived with me and no one has claimed carers allowance for me so I will keep use updated on the decision but can I plz take this time to day tyvm for helping with this matter I’m so happy I found this site and so grateful for your response ?
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