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SDP with 18yo child not in education?
Client’s partner leaves, takes SP/PC, IS and CA (caring for client) with him. Child under 16 still living with client.
HB was in client’s name, and gets PIP DL, so I advise to claim ib-ESA. Goes through, client happy.
...Turns out client has a second child staying with her, aged 18. Not in education, no DLA/PIP. Currently claims UC w/fit notes.
Is there any way this doesn’t end entitlement to SDP, past and present? And what happens to the ESA? As far as I can see she shouldn’t have been allowed to claim in the first place.
...Turns out client has a second child staying with her, aged 18. Not in education, no DLA/PIP. Currently claims UC w/fit notes.
When did the partner leave, when did the child turn 18, when did UC commence for the 18 year old and when did ESA commence for your client?
My thinking: “been entitled to the SDP in HB” bit of the SPD regs may apply if the dates fit?
The dates don’t fit.
Partner away in June, claimed ESA in August. 18yo turns 19 next month, and has always resided in the property, apart from a 3-4 week stay in hospital recently (assuming that’s why I wasn’t informed when I advised on ESA claim). UC claimed mid October.
The only two options I can think of (dream up), and I don’t recall reading any legislation/guidance to these effects:
1) Specific provisions for 18yo on UC not to count as non-dependent
2) SDP applies while 18yo in hospital
Update:
Client notified DWP, by phone, that her son was/is staying with her, emphasising that he was in hospital when she claimed ESA. I think this call happened back in December.
DWP has not changed award - ESA remains in payment, with SDP included!
I’ve advised the client she is likely accruing an overpayment. Even if DWP exercise some discretion and don’t stop the ESA, there is no ongoing SDP entitlement that I can see.
How does this work in terms of DWP eventually deciding to stop the SDP and claw back the overpayment? Assuming that she gave accurate notice to the correct office, the recoverable overpayment is only for the period after her son returned, and before she notified DWP?
Two things come to mind reading this. One is, could Son claim PIP? Obviously that depends why hospitalised etc.
Second thing to do, is put in writing that DWP were notified by phone (give date and time) and you are writing to provide a valid notification that there is a non dependent living in the property. The period before they were notified is recoverable as an overpayment, but going forward, as long as it can be shown that the DWP were notified properly, then its official error.
Not meaning to be cynical, but I find clients often say they have notified the DWP of things, and either have contacted the wrong team, or have no evidence to prove they have. That’s why I would back it up in writing to the DWP to safeguard the issue.
Already considered PIP for the son, unlikely he’s eligible.
Not sure I agree on the second point. I think it would overstep my role as an adviser. I have advised the client on her responsibilities to report CiCs, how to do it, and the possible consequences of not doing so. What she does with that information is up to her (and I think she is capable enough both to ensure she gives appropriate notice, or to avoid doing so if she so chooses).
She would be better off on UC with LCWWRA, compared to ESA w/o SDP. So if I were to take a proactive approach to her benefits, I think advising on a UC claim would be more appropriate (and with that I think I’ve answered my own questions). If the UC notice details prompt an investigation into her ESA SDP, she’ll be in a better place to repay it.