Whether SDP should remain in payment when receiving care

Hello there

This may seem a bit basic but I just would like to check out your thoughts.

I am working with an elderly single lady who has recently had a diagnosis of breast cancer.  She has moved to live with her son and his partner to receive care.  Until the prognosis is clear this is a temporary arrangement and the lady has not given notice on her tenancy.

I am getting myself in a twist as to whether she remains eligible to receive the SDP in her PC award.  I can see the rules for if someone moved in with her but not the other way round.

I am thinking that the son cannot be a non dependant of hers as she is living in his household and therefore SDP should remain in payment but worry that I am being too simplistic.

Any help would be greatly appreciated.

Non deps are people who live with each other and it doesn’t matter whose household it is.  Case law sorted that out many years ago.  The question is which is the dwelling she usually occupies as her home?

Thanks nevip - as she has retained the tenancy of the property she normally lives in would I be safe to say that this is were she normally resides as she is only staying with the son on a temporary basis?

Occupancy is a question of fact.  Where does a person hold a tenancy or pay a mortgage?  Where does she keep the bulk of her belongings?  Where does she get her mail sent?  Where is she registered to vote?  Where is she registered for council tax, etc?  She doesn’t have to return home several times a week to be temporarily absent either.  And the length of the period of absence, in itself, is not decisive either.

Thank you nevip - most helpful.