Severe Disability Premium enquiry

I have an enquiry form a tenant who has a joint tenancy with his Mother .. The tenant does not have a Carer ; claims ESA and PIP for daily living (enhanced ) and Mobility (standard)  I have told him to claim SDP and to claim 50% of the rent from HB . He has been advised he is not eligible for SDP by DWP because he lives with his Mother (joint tenant)  and Partner.  His Mother is disabled and receives care from the Partner who lives at the address . The Partner claims Carers Allowance. for looking after the tenant’s mother . The tenant receives no care from his Mother or her Partner . Are DWP correct in refusing the claim.

Did the joint liability with his mother for the rent   commence on or before the date they moved in ?

If that is the case the DWP are wrong.

If you want chapter and verse it is Regulation 71 ESA Regulations 2008( definition of non dependant) and Sch 4 paragraph 6 ESA Regulations 2008 (Severe Disability Premium)

When they moved into the property HB paid full rent . It is only since the other joint tenant (Mother ) has moved onto Universal Credit claiming 50% the problem has began. Previously HB paid full rent incorrectly thinking they were partners not Mother and Son . HB will not ask for any back date as there was an entitlement for both Mother and Son from HB or UC anyway . Thanks for the references I will look them up l

I have just read the ESA regs . As non dependent (Mother’s Partner lives at property ) may make it complicated to claim SDP?

(4) Subject to paragraph (5), this paragraph applies to–
(a) a person who jointly occupies the claimant’s dwelling and who is either–
(i) a co-owner of that dwelling with the claimant or the claimant’s partner (whether or not there are other co-owners); or
(ii) jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of the person’s occupation of that dwelling;
(b) a partner of a person to whom sub-paragraph (a) applies.

(5) Where a person is a close relative of the claimant or the claimant’s partner, paragraph (4) applies to that person only if the claimant’s, or the claimant’s partner’s, co-ownership, or joint liability to make payments to a landlord in respect of occupation of the dwelling arose either before 11th April 1988 or, if later, on or before the date on which the claimant or the claimant’s partner first occupied the dwelling in question.

Mum satisfies reg 71(4)(a)(ii) and her partner satisfies reg 71(4)(b).

(Subject to the point about the date of liability)