SDP? Sharing a residence?

I have a client who receives benefits as a single person, even though she shares a dwelling with her ex partner.
They officially separated 40 years ago, but never divorced. Not a couple living together for benefits purposes.

The property was built for them by their son, and they have a separate bathroom, bedrooms and living space.

They do however share a kitchen, and the council tax bill is in both names (although the council tax benefits are administered separately)

They both get high rate care, and nobody claiming CA for my client.

Im just trying to make sense of the “other person residing with you” malarkey with regard to the SDP being payable.

Thoughts?

If they both get HR care they can both get SDP regardless

Thanks for that. I had a hunch the HR care would be a factor.

Sorry - I might have missed the point? If they both get middle rate care they could also both get SDP if no-one else living there and no-one getting Carer’s Allowance for looking after them..

For all intents and purposes they are not a couple.

They legally separated 40 years ago, and both get pension credit in their own right.

They share a roof over their head but nothing else, apart from the fact the property has only one kitchen.

Separate living rooms, bathrooms and bedrooms.

My only concern was that as the council tax bill has both names on (even though full CTR granted) the Pension service would perhaps say she lives with an other person for the purposes of qualifying for SDP

Altho he gets HRC (same as her) would a carers allowance claim for HIM affect HER entitlement to an SDP if no CA in place for her??

The rules seem very odd and conradictory.

Schedule 1, para 2, 2a of the 2002 SPC Regs refers to someone without a partner being a person residing with the claimant whose presence is ignored if they get MRC/HRC/AA without qualifying that with the Carers Allowance bit, therefore suggesting that your client will be OK. Para 2 (6) either (a) or (b) also seems helpful. It looks like they come within para 3 (1) too. Do they come within para 3 (3) - owned/rented it since before 11/4/88? If so, it looks OK to me.

Hells bells, it aint easy to get your head round though, would want another think about it before committing myself…

Ive filled in a PC18 form, and described the circumstances in the notes, including her ex husbands high rate care award.

Just waiting for the Pension service to sort. Will MR if turned down as i think we have a case

Thanks for all your help folks