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SDP in ESA and non-dependent parent
I think I’ve answered this question myself, but want to double check (suspect it may be straightforward for many of you).
Client is 17 and lives with mother, he is continuing in full-time non-advanced education. Question of whether better off if she claims for him, or he claims for himself.
Am I right in saying that he cannot get SDP in income-related ESA because his mother counts as a non-dependant? (She is liable to pay rent, he isn’t, although I don’t think that’s relevant here).
He would qualify for the enhanced disability premium and so would get some income-related ESA on top of his ESA in youth, but it still looks to me that they will be better off if she continues to claim CB and CTC for him.
Any comments welcome. I know this is a pretty simple point… must be a Friday afternoon thing.
whether he can claim while in full time education may depend on how many hours he does. for someone under the age of 19, they can be excluded from claiming ESA if they are at school or full time education of 21 hours or more pw
as for the severe disability premium; to qualify for this the claimant would have to be living alone, or technically count as living alone to qualify, additionally he would have to be in receipt of the middle or high rate of DLA care component and no one claims carers allowance for looking after him
Thanks - my understanding is that for irESA it is ok to be in full-time education, whether or not under 19, if on DLA. The young person would be excluded from ESA in youth if in education of 21 hours or more, ignoring hours which are because of the disability.
that’s my understanding of the rules too