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5 months 4 weeks ago #291594 by Gail
Sdp was created by Gail
Just wonder if there’s any disregarded people living in house to claim SDP as I live with my elderly mother who therefore I need a career no one claims carers allowance for me

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5 months 4 weeks ago #291601 by Chris
Replied by Chris on topic Sdp
Hi Gail,

Post approved, and hopefully one of our claimants can assist with your query.

Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gail

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5 months 4 weeks ago #291610 by Gordon
Replied by Gordon on topic Sdp
Gail

You both need to be receiving PIP Daily Living, DLA Medium or Higher Rate care or AA, or any combination of these.

No one else must be living with you.

You need to be receiving legacy ESA and be entitled to the Income Related component.

And, as you have already noted, no one must be receiving Carers Allowance or the Carer's Element of UC against you.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Charlie, Gail

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5 months 3 weeks ago #291661 by Sorrel
Replied by Sorrel on topic Sdp
I'm in the same situation and I get SDP. In my case I'm a joint tenant along with my mother. When I changed over from DLA to PIP, in 2017, I was awarded the daily living component and in my results letter there was a form for claiming SDP. I wasn't sure about it so asked my work coach - at the time I was in the WRAG of ESA - and she said to go for it. I was awarded it, but I was still unsure so I phoned the DWP to find out. After explaining my situation I was told that it was fine, that there was a note on the system saying I was considered to be living alone for the purposes of SDP. My mother doesn't get any benefit other than Pension Credit, but there's a bit on the gov.uk website that says "You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations: they make separate payments to the landlord". I can only think that's what applies in my situation.

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5 months 3 weeks ago #291683 by Robbie
Replied by Robbie on topic Sdp

I'm in the same situation and I get SDP. In my case I'm a joint tenant along with my mother. When I changed over from DLA to PIP, in 2017, I was awarded the daily living component and in my results letter there was a form for claiming SDP. I wasn't sure about it so asked my work coach - at the time I was in the WRAG of ESA - and she said to go for it. I was awarded it, but I was still unsure so I phoned the DWP to find out. After explaining my situation I was told that it was fine, that there was a note on the system saying I was considered to be living alone for the purposes of SDP. My mother doesn't get any benefit other than Pension Credit, but there's a bit on the gov.uk website that says "You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations: they make separate payments to the landlord". I can only think that's what applies in my situation.
My understanding is, that in your situation that neither your mother and yourself will be classed as living as a non-dependent in the other's household. It's the presence of a non-dependent that can prevent the SDP from being paid and that doesn't apply in your case.

If either only you or your mother had been the tenant then you wouldn't have been able to be paid the SDP.

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5 months 3 weeks ago #291759 by Sorrel
Replied by Sorrel on topic Sdp

My understanding is, that in your situation that neither your mother and yourself will be classed as living as a non-dependent in the other's household. It's the presence of a non-dependent that can prevent the SDP from being paid and that doesn't apply in your case. If either only you or your mother had been the tenant then you wouldn't have been able to be paid the SDP.
Yes, that's my understanding too. The problem is that in 2017 it wasn't as easy to find that information. I saw websites saying that close relatives would still be classed as non-dependents even if they were a joint tenant, and even now I still see conflicting opinions about it. That's why I had to get it confirmed.

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