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

ESA and Severe Disability Premium if they have a lodger

Mollym
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Advice Team, Southway Housing triust, Manchester

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Total Posts: 1

Joined: 20 March 2015

Just a quick question. If on ESA and awarded Standard Rate of PIP are they eligible for SDP if they have a lodger living at their address?

paulmoorhouse
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Central and South Sussex CAB

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Joined: 25 January 2012

So long as they do not have a partner other household members over the age of 18, and the arrangement with the lodger is commercial then yes.

Qualification for an SDP is covered in Sch 4 Pt 2 of the regulations and excludes a claimant who has a non-dependant over the age of 18.

The definition of a non-depedant is given in reg 71, 71 (3) (a) excludes anyone ‘who is liable to make paymetns on a commeracail basis to the claimant ....in respect of the person’s’ occupation of the claimant’s dwelling’.

Mollym
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Advice Team, Southway Housing triust, Manchester

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Total Posts: 1

Joined: 20 March 2015

Thank you Paul. I think I knew the answer, but needed confirmation. The regulation is a bonus. I love Rightsnet.

M