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Forum Home  →  Discussion  →  Housing costs  →  Thread

Bedroom tax or SDP?

Ruth Knox
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Vauxhall Law Centre

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We have a client, living on her own, disabled and with a SDP in her ESA.  Her father (aged 90) lived with her from January 2017 to July 2017 and then went into hospital followed by residential care. He returns to her house most weekends.  I think we can establish easily that he fits into Regulation 7 paragraphs (16) and (17) of the HB regulations (people who return from hospital or residential care after a period of less than 52 weeks can be treated as occupying the property) and that therefore he is entitled to a room in the house.  However, even though her father now suffers from dementia he was only ever entitled to DLA Low rate care, before he went into the home.  So what risk is there to her SDP if we do argue that he “occupies the home”?  There is one piece of case law that I am aware of (AM v SSWP [2011] 387 but it’s not quite the same situation – that was more a case of a “care of” address. 

What do you think?  Ruth

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Wouldn’t he qualify for middle rate care at least, which would mean he wouldn’t count for SDP?

ClairemHodgson
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Solicitor, SC Law, Harrow

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at his age and with dementia, shouldn’t he be on high rate AA anyway?

Paul_Treloar_AgeUK
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ClairemHodgson - 23 March 2018 04:13 PM

at his age and with dementia, shouldn’t he be on high rate AA anyway?

He can stay on DLA and apply for supersession.

Ruth Knox
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Vauxhall Law Centre

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Yes, of course that is the answer!  I’ve never done an application or a supersession for someone in residential care, because they would not be paid it in any case, However, I’ve realised it is only the payment that stops (or is not made) not the entitlement.  (And in this case, because they are coming home frequently, they could actually get paid for the days at home). Thanks Ruth