Severe Disability Premium - who counts as not living with you

Can someone clarify for me - two people sharing a flat, not related and not in a relationship. Cl advised me that they paid their share of the rent seperately to the RSL but the tenancy is joint. The flat is 2 bedroomed and all facilities are shared. Would my client be eligible for severe disability premium or not?

I’m reading through SPC Regs 2002, Sch 1 but finding it difficult to make sense.

Any comments gratefully accepted.

I’ve just read through the disability rights handbook and it states that any person who is not a close relative of you and jointly occupies your dwelling as a co-owner or who is sharing legal liability to make rent payments such as joint tenants, cannot count as a non-dependant.

Unfortunately, DRH does not give a reference point for this statement.

Providing they are not closely related, the other person will not count as a non-dependent if they are jointly liable with the claimant to make payments to the landlord (i.e. rent) for occupying the accommodation.  This is the meaning of Sch 2 para 2(6)(b).  So, as long as your client meets the other conditions (qualifying benefit, no one getting CA), they will qualify for the severe disability addition of pension credit..