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how will a non dependant affect esa/dla
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7 years 2 months ago #206598 by lianna
Replied by lianna on topic how will a non dependant affect esa/dla
Hi Gordon, thanks so much for all your help so far. Where would I go for advice? I called CAB but they told me to call Shelter helpline. I was thinking of anonymously calling dwp, hiding my number and giving a fake name and saying I was calling for a friend but it's impossible to get through.
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7 years 2 months ago #206603 by Gordon
The first thing they ask for is a National Insurance Number and you are assuming that those on the phone will actually know the answer, which is unlikely.
Your problem is that ultimately only a DWP Decision Maker can decide whether you are to be considered as living alone.
Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic how will a non dependant affect esa/dla
lianna wrote: Hi Gordon, thanks so much for all your help so far. Where would I go for advice? I called CAB but they told me to call Shelter helpline. I was thinking of anonymously calling dwp, hiding my number and giving a fake name and saying I was calling for a friend but it's impossible to get through.
The first thing they ask for is a National Insurance Number and you are assuming that those on the phone will actually know the answer, which is unlikely.
Your problem is that ultimately only a DWP Decision Maker can decide whether you are to be considered as living alone.
Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: lianna
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7 years 2 months ago #206659 by lianna
Replied by lianna on topic how will a non dependant affect esa/dla
nothing apart from cab. I believe you can't claim legal aid for benefits help, crazy
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7 years 2 months ago #206680 by Gordon
I'm afraid not.
I'm surprised your Local Authority does not have a Welfare Rights offfice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic how will a non dependant affect esa/dla
lianna wrote: nothing apart from cab. I believe you can't claim legal aid for benefits help, crazy
I'm afraid not.
I'm surprised your Local Authority does not have a Welfare Rights offfice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 weeks ago #209607 by lianna
Replied by lianna on topic how will a non dependant affect esa/dla
hi Gordon, a bit of hope, I found this on the definitions of non dependant exceptions. "5. any person who is not a close relative (see DMG 44141) of the claimant or partner who 5.1 is liable to make payments on a commercial basis to the claimant or partner for occupation of the dwelling". I gather from that, that I could charge rent, his housing benefit would pay me the rent, dwp would take it straight off me but at least I could keep my severe disablement premium. I do need a lot of support and my friend provides this but he doesn't want to go down that road. He is seeing age concern and I want us to go together but he doesn't think that would help. Any thoughts on this latest info?
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7 years 3 weeks ago #209654 by Gordon
Two points
The DWP may see this a contrivance to retain your SDP if you do not charge a commercial rent for the space they have in your house and any rent that you charge will be deducted from your ESA so you will almost certainly be worse off than you are and may in fact be better off losing the SDP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic how will a non dependant affect esa/dla
lianna wrote: hi Gordon, a bit of hope, I found this on the definitions of non dependant exceptions. "5. any person who is not a close relative (see DMG 44141) of the claimant or partner who 5.1 is liable to make payments on a commercial basis to the claimant or partner for occupation of the dwelling". I gather from that, that I could charge rent, his housing benefit would pay me the rent, dwp would take it straight off me but at least I could keep my severe disablement premium. I do need a lot of support and my friend provides this but he doesn't want to go down that road. He is seeing age concern and I want us to go together but he doesn't think that would help. Any thoughts on this latest info?
Two points
The DWP may see this a contrivance to retain your SDP if you do not charge a commercial rent for the space they have in your house and any rent that you charge will be deducted from your ESA so you will almost certainly be worse off than you are and may in fact be better off losing the SDP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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