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13 years 7 months ago #55116 by capainFAIRY
severe disability premium was created by capainFAIRY
I have been moved to mid rate care,I am in receipt of income support and incap. I received letter and form asking me to fill in re paying me severe disability premium. Have today received 2 dwp letters, both dated the same. One says Im not eligible the other says that I am and has given me an amount of backdated payment?? I have called the office concerned and the BEL and I am now confused.One says I am because 'we' have my sister has no means test impact on me, but the other says Im not, because I live with someone?? (but not a partner)I live with my sister, who works full time 37 hrs pw, she does not receive any benefits and we have no impact on one another financially. No one receives the carers allowance for me. I received mid rate for day care needs and I am on my own all day.
BUT because I live in her property and we live together they say Im not intitalled to severe disability prem. All I want to know is this right or do I appeal. Will someone please help.

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13 years 7 months ago #55118 by Gordon
Replied by Gordon on topic Re:severe disability premium
Captain

Have you been able to resolve the two letters you received from the DWP, as it seems to me, until this is done you are limited as to what further action to take.

Usually the things you have to show with regard to not living with someone, are seperate billing for utilities and rent, seperate bedrooms. It can also help if you can show cleaning and cooking rotas, different shelves in the fridge etc.

However, all of this is complicated by the other person being your sister, where it might be reasonable to assume she helps with your care. You are now on MRC, do you need assistance during the day or the night, if the former, then the fact that your sister works full time (assuming it is during the day), should be to your advantage.

Gordon
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13 years 7 months ago #55121 by capainFAIRY
Replied by capainFAIRY on topic Re:severe disability premium
I tried previously to get separaste utilities for the half that I pay. I do not pay her rent as I cannot claim HB. CTB is second adult rebate but these arent included in severe disability anyway or so Iv understood.
No idea what letter is right and neither did Income support but they told me to send in for a reconsideration?? on which one?
DLA have awarded mid rate for day care. I am on my own because my sis is thankfully in full time occupation.
I am unable to cook and clean due to disabilities they know about.
My sister cares for me during the night, and is so exhausted.

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13 years 7 months ago #55124 by Gordon
Replied by Gordon on topic Re:severe disability premium
capainFAIRY

You really need to get the DWP to make a decision as to which letter is their final Decision, as you could apply for a Reconsideration, and then find that you have been turned down because they have looked at the decision that you were eligible. If that makes sense :)

The fact that you care needs are during the day is good as it excludes your sister, however, your not being able to cook and clean, is not to your advantage as it implies a dependancy on your sister.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 7 months ago #55127 by capainFAIRY
Replied by capainFAIRY on topic Re:severe disability premium
Gordon
It would be just my luck to get a recon on the wrong one! if that makes sense too.
Do you think then that I should put in a letter that I want it clarified in writing which of their letters is correct one and also if it is the no increase in IS/sda I want a recon on their decision because my sis is not here during the day and dla award letter states for day care.
Id love to know what their admin costs are for sending 2 letters a time out to each of its customers.
capainf

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13 years 7 months ago #55128 by Gordon
Replied by Gordon on topic Re:severe disability premium
Your first point is exactly what I am worried about, so yes, writing to them in the format you have suggested, seems to the simplest way forward.

Gordon
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