SDP in ESA after a split

Can I run a scenario and see what people think.

Client and his wife split up and continue to live seperately, and each establish separate claims for HB (pre-UC). Tenancy agreement is still joint. One receives PIP DL and is getting SDP in the ESA. Other one gets PIP M but not DL. No one else in the property.

Do the separate claims for HB demonstrate a separate liability for the rent and therefore allow the SDP to be paid as neither of them are a non-dep to the other? Otherwise I’m struggling to understand the SDP award.

Thoughts gratefully received.

Why do you think there has to be a separate liability? I believe having joint liability is enough to not be considered non-dep. See reg. 71(4)(a)(ii).

I was thinking of people you live with needing to be separately liable for the rent so SDP can be paid. But you’re saying that because they’re not a non-dep, or a partner/family member, then SDP can be paid without a problem?

Yes, exactly. See Schedule 4 Para 6(2)(a).