SDP Refused

Hi All,

i have just been refused the severe disability premium.

I am getting ESA (suport group) and standard pip. I live with my 19yr old duaghter who is in full time education and i get child benefit and tax credits for her.

The eas people have said that it doesnt matter that she is in education or that i get benefits for her. they say she is still a non dependant.
They have also lied and said that i must be getting enhanced pip to qualify even if i wasliving alone. i have done the benefits calculater on entiltled to web site and its does include sdp

I need to do a reconsideration , the guy tried to take one on the phone but he wasnt listening to me and then told me to do it myself , can someone pls tell me if i am entiltled to sdp or not, is there a rule i should quote or something in the letter? ANY advice will be gratefully received.
thank you

Hi Gordon,

Thank you for looking in to it for us.
My dads asleep so i thought I'd get back to you

I looked into the non dependant part and think the DMG 44139 .2 applies. I believe i am still regarded as a young person dependant as per DMG 43012-43013

I started college before i turned 18.
Could you possibly have a look at these rules and see if they apply. I am sure i have read there are other members who are in the same position but cant find the posts.
Thanks again

Hi , I found the post

#141391

This would suggest it is possible i think. Thanks again and I will let you know how it goes.

I found this Freedom of Information response on this subject and thought I'd post it in case it's helpfull to someone one else.

I'll post when they respond to our MR


Thank you for your Freedom of Information (FoI) request received on 14/1/15. You asked:


The scenario is as follows- A lady is in receipt of PIP daily living allowance, she has no
partner but she has a 19 year old son living with her who is still in full time education
and for whom she receives child benefit. Nobody receives carers allowance for this
lady.

Questions-

1) Is the child classed as a dependent as the mother receives child benefit?
2) As the child is a dependent, shouldn't this lady be in entitled to SDP?
3) If you disagree that the child is a dependent and would class them as a non-
dependent, please explain your reasons why in this particular circumstance as for all
other benefits that I can find, he would be disregarded and she would be treated as
living alone.

Please see the following link which seems to back up my thoughts on this subject-
moneycarer.org.uk/articles/severe-disability-premium-overview

The information you require is detailed below.
A child can only be included in a claim for Income Related Employment and Support Allowance
(ESA (IR)). A person over 16 is treated as a child if s/he is under 20 and deemed a “Qualifying
Young Person” for child benefit purposes i.e. A person aged 16 or over and under 20 that is on
a course of full-time non-advanced education or on a course of approved training where the
course of education or training is not provided as a result of her/his employment; and began, or
was enrolled or accepted on, that course before reaching 19. “Qualifying Young Persons” under
20 are treated as dependants.

Claimants and their partners are considered to be living alone where there are no non-
dependents aged 18 or over who normally reside with the claimant or who the claimant
normally resides with.

Extract from ESA Regulations – Schedule 4, paragraph 6 states:

6.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant is to be treated as being a severely
disabled person if, and only if–

(a) in the case of a single claimant, a lone parent, a person who has no partner and who is
responsible for and a member of the same household as a young person or a claimant who is
treated as having no partner in consequence of sub-paragraph (3)–
(i) the claimant is in receipt of the care component (this means the care component of DLA at
the highest or middle rate), the daily living component (of PIP), armed forces independence
payment, or attendance allowance
(ii) subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally
residing with the claimant or with whom the claimant is normally residing; and
(iii) no person is entitled to, and in receipt of, a carer’s allowance under section 70 of the
Contributions and Benefits Act in respect of caring for the claimant; .....

(4) For the purposes of sub-paragraph (2)(a)(ii) and (b)(iii) no account is to be taken of–
(a) a person receiving attendance allowance, the daily living component, armed forces
independence payment or the care component…

If the son ceases to be classed as a “young person”, such that entitlement to Child Benefit
ceases, the claimant will now be considered to have a non-dependant in their house (i.e. the
son) and they will thereby lose their entitlement to Severe Disability Premium (SDP) unless sub-
paragraph (4) applies (i.e. the son is himself in receipt of Disability Living Allowance (DLA) etc.)
in which case his continuing presence in the household is ignored(i.e. not treated as a non-
dependant), and the claimant can continue to get SDP.

Yours sincerely,


DWP Central FoI Team