Severe disability premium and non dependant

Hello all,

I saw a couple last week who were both on DLA MRC with no non dependants and no-one claiming carer’s allowance for them. On examining their most recent award letter from Income Support I noted that they are only receiving the single rate of SDP of £53.65 a week. I was on the verge of sending a letter to income Supporting saying that I believe they should be getting the couple rate of SDP of £107.30. However they have now informed me that their grown up son, uses their address for his post, including benefits letters. I am worried that the benefits agency may have him down as residing with his parents (my clients). As I understand it, you get the couple rate SDP if no non dependants and qulaifying DLA, or no SDP at all if there is a non dependant resident. So I am puzzled at the single rate SDP award. I am worried that if I send a letter to Income Support asking for the couple rate, they may say that as far as they are concerned there is a non dependant living with my clients, and they will then also remove the single rate SDP and generate a large overpayment.

Firstly; am I correct in that it should be either the couple rate SDP or nothing at all depending if there is a non depenant resident. Or can you get the single rate SDP if you are a couple both on MRC and you do have a non depenent living with ( similar to if one of them was claiming carers allowance).

Obvioulsy the benefits agency would be incorrect in assuming that the client’s grown up son lives there just becuase this is where his post is delivered, however as appeals can take 8-12 months in this part of the country, they would be without their SDP premium for a long time, should it be incorrectly removed. Also the client’s son lives with a friend, so will not have a rent book for another address, or registered for council tax at another address, so proving where he lives may be problematic.

The clients did not know if the benefits agency have there sone down as a care of address or not.

Any help please.

Thanks for the info Tony.

I have a copy of the clients award notice, which shows them as a couple, with couple rate and couple rate for the DP, also shows that they are aware that MRC for both clients.

The only unusal thing on there is that one of them is in receipt of SDA (which you don’t see very often any more), but this is being deducted from the IS award, pound for pound, so this seems Ok, and as far as I can see from CPAG this should make no difference to them being awarded couple rate SDP, so all a bit of a mystery.