I have a client who lives in a rented house. her son lives upstairs and has his own bathroom, cooking arrangements (a microwave in the sitting room). She tried to claim SDP and has had a visit from the DWP who took one look at the house and noted that they share a front door and no further. she did not want to look at the upper floor or their living arrangements any further. unfortunately, the whole house has one electricity / gas / water meter which my client covers. her son does not support, help her or pay her any money (they do not have much of a relationship and he has bi polar disorder). Having looked up the criteria for living in a separate houehold,it seems to be a grey area with a number of issues that can be considered. it obviously goes against her that there is only one lot of bills that she pays.

Are there any other arguments that can be made re living in separate households? Any other, perhaps stronger criteria. Any advice would be appreciated.

it is not about the household. It is about the house. Reg 3(4) & (5) of the Income Support General Regulations are clear the claimant only resides with another person if they share something other than bathroom , lavatory or communal area. Communal area is any area of common access. Generally therefore it is the shared kitchen that is the stumbling block if they do not share the kitchen then there is no problem but although you say he has separate cooking arrangements he may use the kitchen for washing up and this might be treated as sharing but if he used his bathroom for those purposes then she would qualify. I take it the son does not have dla at the required rate.

See the discussion in vol 2 of the Social Security legislation.