SDP and 'living alone'-DWP error?

I've recently moved house and have just had a shocking phone call with the Income Support department (they deal with my IB claim and disability premiums). Apparently because I don't live alone, I'm not entitled to the Severe Disability Premium I've been getting for the past 6 years, and they may choose to recover it. We're talking thousands of pounds here.

The thing is, I've *never* lived alone. Every time I've had to fill in a form that asks about 'people you live with', I've always put down the details of whoever my flatmate is at the time. The fact that they haven't got any record of any of this is horrifying. I have a vague recollection of a similar discussion a couple of years ago when I called to tell them about a change in flatmate, but the person I spoke to told me that it was OK, and that I would count as living alone for a reason I can't recall now (being a joint tenant with my flatmate who isn't a relative, partner or carer, perhaps?).

I don't have my original IS/SDP application form from 2004 because a Welfare Rights Officer applied for it on my behalf as I was too ill to do it myself at the time, and I don't seem to have a copy. My memory of that time is hazy but I know that if he asked about flatmates, I would have given him the details. My current flatmate even provided additional evidence for my last DLA claim, and the Housing Benefit department know about him too as we're both on the tenancy agreement as joint tenants. I know these are different benefits, but surely that's proof that I haven't been hiding the three different people I've shared a property with in the last six years I've been claiming benefits.

I'm really, really worried about this. I can't afford to lose £53 a week, and I definitely can't afford to pay over £10K back. I also don't think I should have to if it was down to their error which I had no way of knowing about, so couldn't correct them.

I've tried Googling but there seems to be some real confusion about what counts as living alone. They've sent me an SDP claim form (IS10) and an 'information about people living with you' form (LTF1)

I'm sitting here shaking, so please, if anyone has any information which could help me, please pass it on to me.


(Also, why do people who share a property not get SDP? I thought it was related to the extra costs of living with a disability - indeed, the woman I spoke to today said that if you live on your own, it's assumed you'll need the SDP to 'pay someone to do things for you'. Why is it assumed that someone sharing a flat with you would do those things for you? Not everyone is lucky enough to houseshare with people who'll act as unpaid carers. When I told her I use my money for things like taxi fares and medical treatments, she said 'that's what DLA is for'. Right... I thought DLA was for paying for your care needs too, so what exactly is the difference? What is SDP suppposed to be for? And if it's for help with care, why can you only get it if you live alone? It's unfair to assume that someone you share a property with - who you might not even know that well - is going to take on the responsibility of supporting you, so sharing a property does not automatically mean that you get more help and support than if you live alone.)

The requirement is that no non-dependent aged 18 or over is normally residing with you. A person is only counted as residing with you if you share accommmodation apart from a bathroom, lavatory or a communal area such as a hall, passageway or a room in common use in sheltered accommodation.

The key issue here may be the kitchen. Is it possible that the DWP thought that you had a bedsit not a room in a shared house?

Since you don't get SDP if someone gets Carer's Allowance for you, I think it's a reasonable inference that it's supposed to pay for the care that someone who would be able to claim carer's allowance would provide for you.

We pay our own rent to the landlord separately, yes. Half each, via our own Direct Debit. We share the household bills too. I've never implied or said I live in a bedsit, and I use the terms 'flatmate' and 'joint tenant' when talking to the DWP, so although anything's possible, they'd have to be pretty incompetent to infer 'bedsit' from everything I've said.

What's a non-dependent? I know my flatmate doesn't count as a non-dep for HB purposes, as I get the full amount with no non-dependent deductions. I've never understood what a non-dependent actually *is*, in DWP terms.

Since you don't get SDP if someone gets Carer's Allowance for you, I think it's a reasonable inference that it's supposed to pay for the care that someone who would be able to claim carer's allowance would provide for you.

I agree, which is why I don't understand why you can't get it if you don't live alone. Just because you live in the same flat as someone, it doesn't mean they're providing care. As such, whether you share accommodation with someone or not shouldn't be part of the criteria; whether or not they're caring for you should be what matters. Doing it this way discriminates against people who can't afford to live alone for whatever reason, and is illogical to boot.

OK; thank you. I presume you mean the CAB? My WRO moved on and was never replaced, sadly.

It makes me really, really angry that I've been scrupulously honest over the last 6 years with all of my benefits, and because they may have made a mistake, I have to go through all this stress and could end up paying a huge amount for their incompetence. Moving has already caused my illness to relapse - the last thing I need is the added stress of this when I was just starting to recover.

I just hope they do record phonecalls like they say they do - although how long they keep them for is anybody's guess.