96 year old with AA and SDP living in private sheltered scheme flat. About a year ago her son moved in with her because of marital difficulties. He has nowhere else to live and is awaiting the sale of the matrimonial home (which seems to be taking a long time) after which he will get somewhere else to live.

I'm guessing it's a long shot arguing that she should be entitled to SDP given the length of time he has been there (though nothing to lose) but thought I would ask for any helpful suggestions, caselaw etc given that his intention is to move out when his marital home is sold.

Have you seen CIS/1480/96? This case invloves a claimant whose daughter had been living with him for a similar period of time and in similar circumstances.

Is there any chance of having a copy of this decision put on Rightsnet?

it's not CIS/14850/96 is it ?

http://www.rightsnet.org.uk/pdfs/CIS_14850_96.doc

Looks like it is.

Yes, that's the one I meant.

Thank you for that. Just the sort of thing I was looking for and a close match to my client's circumstances (moving in with mother after marital breakdown) although the period of residence is a bit longer in my case.

However the decision makes some useful points about having to look at other factors than just the length of time when considering 'normal residence', such as the intention and expectation of the parties, steps taken to secure alternative accommodation, availability of alternative accommodation, issues specific to the person or locality causing the current residence to be longer than might be expected (e.g. protracted divorce proceedings).

Enough in there to enable us to construct a coherent argument at least.