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

SDP and 16 yr old daughter

VRW
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Livin Housing

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Total Posts: 61

Joined: 25 November 2019

Hello founts of knowledge

i think i know the answer but im not 100% sure, its also messy to look at (sorry)

we have a tenant she is in receipt of PIP and ESA with SDP, she currently also receives CTC and CHB for her 15yr old daughter AND her few month old granddaughter (daughter of the 15yr old).

so daughter is due to turn 16 shortly and finish school - atm it appears as if the 15yr old is not going to continue with school and wants her own property with her daughter

aside from the advice of the CTC/CHB will stop and she’ll get a 2 bed UO charge on her HB if her daughter moves out i wanted to give her the other options of her daughter remaining in the property

theres the obvious convince the daughter to remain in education and for her to continue to receive the CTC/CHB for both

however if the daughter refuses to stay in education then theres the option of daughter claiming UC when shes 16 for her and her daughter - now whilst this wouldnt have an impact on the tenants housing benefit until 18 IF she has earned income (which might be unlikely) would it have an affect on the tenants SDP? as far as im aware its only 18 and over ND that stop the payment but i didnt know if there was some sneaky ruling/regs ive missed

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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VRW - 25 May 2022 01:30 PM

Hello founts of knowledge

i think i know the answer but im not 100% sure, its also messy to look at (sorry)

we have a tenant she is in receipt of PIP and ESA with SDP, she currently also receives CTC and CHB for her 15yr old daughter AND her few month old granddaughter (daughter of the 15yr old).

so daughter is due to turn 16 shortly and finish school - atm it appears as if the 15yr old is not going to continue with school and wants her own property with her daughter

aside from the advice of the CTC/CHB will stop and she’ll get a 2 bed UO charge on her HB if her daughter moves out i wanted to give her the other options of her daughter remaining in the property

theres the obvious convince the daughter to remain in education and for her to continue to receive the CTC/CHB for both

however if the daughter refuses to stay in education then theres the option of daughter claiming UC when shes 16 for her and her daughter - now whilst this wouldnt have an impact on the tenants housing benefit until 18 IF she has earned income (which might be unlikely) would it have an affect on the tenants SDP? as far as im aware its only 18 and over ND that stop the payment but i didnt know if there was some sneaky ruling/regs ive missed

Paragraph 6 (2) (a) (ii) and (iii) of Sch 4 ESA Regs provide

subject to sub-paragraph (4), the claimant has no non-dependants aged18 or over normally residing with the claimant or with whom the claimant is normally residing; and
(iii) no person is entitled to, and in receipt of, a carer’s allowance or has an award of universal credit which includes the carer element in respect of caring for the claimant;

In other words as with HB it wont affect the SDP until th daughter becomes 18

VRW
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Livin Housing

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Total Posts: 61

Joined: 25 November 2019

Fabulous!!

i thought that was the case but then you know when its been so long since youve dealt with a teen pregnancy!!