Can anyone help please? DMG Vol 1, Chapter 4, para 04558 holds a special ruling for payment of the severe disability premium (SDP) for Income Support clients when they have a break from their residential care placement.

I am trying to claim the SDP for a client who is in receipt of Pension Credit who has had a short break from her residential care placement. The DM has refused paying the SDP, stating that there is no provision for this type of payment under the Pension Credit regulations.

I do not agree that there should be one ruling for Income Support on this matter and not for Pension Credit. I would be grateful for any guidance.

Regards

Julia

All the regulations say is they must be in receipt of AA, which is the same for all benefits mutatis mutandis. Does the client get AA when she is away from her placement? And does anyone else live in the same household as her when she does - ie, usual conditions for SDP?

Yes she has received DLA care component for the nights she has spent away. As explained there are special provisions held in IS Regs for payment of SDP for clients who have leave from their residential care placement. I am trying to find similiar for Pension Credit.