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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA Severe Disability Premium and residing alone in a tent

Andyp5 Citizens Advice Bridport & District
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We’ve got a client living in a tent since Feb using a relative’s address as an erstwhile post restante address, her SDP stopped after she was evicted from her previous accommodation, we’re looking at arguments to try to get it reinstated.

We’ve looked at http://www.rightsnet.org.uk/welfare-rights/caselaw/item/Homeless-people-and-entitlement-to-the-disability-premium - Also R (IS) 23/98 from the olden days - the IS legislation and AO guidance is very different from ESA legislation and DM guidance.

I know this has cropped up before re sofa surfing on Rightsnet - anyone been able to get anywhere with this type of scenario or got any thoughts?

 

Jon (CANY)
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Not really - I have seen where a client lives in a tent and had the SDP, but I didn’t probe into whether DWP were fully aware of the accommodation circs.

The DMG has a list of shelters deemed to be too insubstantial (cardboard box, sleeping bag, bus shelter, park bench). A tent is not on the list, and is (in my view) a more substantial shelter against the elements than any of those things. In particular, it is capable of being heated*, which is the sort of cost thought not to be needed by those without accommodation.

* Carbon monoxide poisoning is a real risk here of course, as in any other substantial structure.

HB Anorak
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Para 1 of Schedule 5 says there are no premiums if the claimant is “without accommodation”
Para 18(1)(f) of Schedule 6 provides for housing costs in a case where the dwelling occupied by the claimant is a tent
Reg 2 defines “dwelling” as “any residential accommodation ...”

If a tent is a dwelling it must therefore be a form of “accommodation”; this in turn means the claimant is not a person without accommodation so premiums can be awarded.

Dan_Manville
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From a planning & Council Tax perspective it’s dubious whether a tent can hit the “dwelling” threshold assuming that “dwelling” is tied up with the ‘47 rates act and “hereditaments”

Edit… The scope of a hereditament has been a hot topic since LAs have started chasing boaters for Council Tax.

That aside; I’ve secured the SDP for a number of sofa surfers.

[ Edited: 10 Apr 2017 at 01:21 pm by Dan_Manville ]
Andyp5 Citizens Advice Bridport & District
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Thanks John, HB and Dan!

ikbikb
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Accommodation not defined-should be given wide meaning. According to DMG Must be capable of being heated where they can seat, cook, eat, and lie down and suited to continued accommodation even If this moves about. So Tent could be in particularly if you like yurts. Also do not forget temp absence from accommodation you normally inhabit. (CPAG 929 930)

Andyp5 Citizens Advice Bridport & District
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ikbikb - 11 April 2017 04:23 PM

Accommodation not defined-should be given wide meaning. According to DMG Must be capable of being heated where they can seat, cook, eat, and lie down and suited to continued accommodation even If this moves about. So Tent could be in particularly if you like yurts. Also do not forget temp absence from accommodation you normally inhabit. (CPAG 929 930)

Committed the unforgiveable sin of bypassing CPAG and jumping straight to Sweet & Maxwell and looking at the IS and ESA legislation separately

Thanks IKBIKB really handy - crystalised my thinking - within this area increasing numbers of people losing accommodation are living in tents!

Talking of which our local regional news Spotlight south West ran a piece on people around Penzance in Cornwall in the same plight! Depressing familiar but thought it worth flagging up for one Kernowyk Rightsnet regular living in E8.

 

Paul_Treloar_AgeUK
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Andyp5 Citizens Advice Bridport & District - 12 April 2017 12:59 PM

Talking of which our local regional news Spotlight south West ran a piece on people around Penzance in Cornwall in the same plight! Depressing familiar but thought it worth flagging up for one Kernowyk Rightsnet regular living in E8.

N16 now Andy, we’re moving up in the world.

Andyp5 Citizens Advice Bridport & District
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Paul_Treloar_AgeUK - 12 April 2017 01:43 PM
Andyp5 Citizens Advice Bridport & District - 12 April 2017 12:59 PM

Talking of which our local regional news Spotlight south West ran a piece on people around Penzance in Cornwall in the same plight! Depressing familiar but thought it worth flagging up for one Kernowyk Rightsnet regular living in E8.

N16 now Andy, we’re moving up in the world.

Wow bet there are a lot of happy estate agents in Dalston and Hackney Central!

Couldn’t believe when an old friend told me a couple of years ago - Hackney Downs station had a cafe (would have been unimaginable once upon a time)!