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TOPIC: Enhanced Disability Premium Denied.

Enhanced Disability Premium Denied. 1 week 1 day ago #225786

Hi I have applied for the enhanced disability premium having been awarded enhanced rate of care on PIP. The DWP are saying I cannot have it because they do not like the tenancy agreement (I live in a shared two bedroom house). As far as I can see they are using the test for Severe Disability Premium to deny my claim. Is this the wrong test?

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Enhanced Disability Premium Denied. 1 week 1 day ago #225803

RDC

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

So what benefit are you trying to get the Premium added to?


So providing we are talking about the same Premiums, the Enhanced Disability Premium should be paid automatically if the claimant is in the ESA Support Group and/or they receive PIP Daily Living (there are other qualifying benefits). There is no test to see whether you live alone.

Gordon

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

Enhanced Disability Premium Denied. 1 week 1 day ago #225806

Thanks for the reply Gordon, I was awared PIP enhanced rate (Im on Contribution based ESA) for daily living and was then sent a form saying I could apply for the Enhanced Disability Premium. Ater sending the form back they asked for the Tenancy Agreement and then denied the claim because it is a joint tenancy (two single people living in the same house). I asked for a reconsideration and sent them a copy of my housing benfit and council tax benefit decision letters (only I get the benefits) and they declined to overturn the original decision.

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Enhanced Disability Premium Denied. 1 week 1 day ago #225812

RDC

You and the DWP are definitely talking about different Premiums, It is unusual for a claimant to be asked to claim the ED Premium, it's either payable or it is not. It is, however, usual to be asked to claim the Severe Disability Premium. Are you sure that their letter referred to EDP?

Gordon

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

Enhanced Disability Premium Denied. 1 week 1 day ago #225817

Thanks Gordon, your right it is Severe Disability Premium, I've had 3 appeals to go through since Oct so am getting a bit confused. Because I share the house and it is a joint tenancy does that mean I cannot get the premium? (I pay my rent into the co-tenants account each month as the letting agents wanted a single direct debit payment) The Local Council accepted the agreement for Housing benefit and Council tax benefit (I checked it was ok before moving in), the co-tenant pays his half of the rent and the 50% left on the council tax bill. Other than paying half of the household bills we live seperate lives (own shopping, cooking etc.). I have never had any of the decisions from the DWP in writing, I have had to chase them up on the phone each time, I think I can appeal without needing their reconsideration notice, that's if I can appeal taking the above into account.

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Enhanced Disability Premium Denied. 1 week 1 day ago #225829

RDC

You can ask for the Decisions Maker's Statement of Reasons this may explain better why they have a problem with your living arrangements but I think you will have to go onto to appeal, this will require you to have received an MR Notice.

This is an appealable Decision and must be notified to the claimant in writing.

Gordon

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