HB, ESA, Non-resident carer & SDP

This post is as much for personal reassurance as anything else.

The claimant is in receipt of income-related ESA. He also receives PIP – enhanced rate for daily living. His ESA includes a severe disability premium.

The claimant lives alone, in a 2 bedroom HA flat. He receives HB but the bedroom tax applies. He does get a DHP to cover some of the shortfall. We are challenging the decision to try and get an increase.

The claimant states that as a result of his various health conditions he does have an overnight non-resident carer on 3-4 nights each week. The non-resident carer has his own council flat in which he normally lives.

We are considering asking the local authority to take this into account which, if accepted, would result in the extra bedroom being allowed for HB purposes.

As far as I can tell this should not affect the claimant’s right to have the SDP included in his ESA as no non-dependent aged 18 or over is ‘normally residing with you’.

Is this correct?

Think it depends if the carer is receiving carers allowance, and that this claim is linked to the claimant receiving PIP. SDP is not payable, if the claimant enters into a carers allowance arrangement. If not I see no problem with this.

No Carers Allowance involved.