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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

SDP with other people living in household

KennyMowat
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Hamilton CAB - Health and Welfare Advice Project

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Total Posts: 2

Joined: 12 April 2017

Hello,

Just wondering if anyone can give any guidance on one client’s situation.
Client is a lodger in a property, along with his father and another person. They all have separate tenancy agreements. Now as client passes all other SDP qualifying criteria, should he not be able to receive an SDP? He currently receives the enhanced disability premium on ESA as well.

Any thoughts or guidance would be greatly appreciated. My thinking is that they should be considered separate households due to having separate tenancy agreements, however I’m not sure if this argument will satisfy DWP.

Thanks

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Joined: 24 November 2017

That’s correct. If two people are separately liable to pay rent they do not count as residing together. See CPAG page 337 if you have access to it.

ESA Regs 2008 regulation 71 (6)

“(6) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of occupation of the dwelling to the landlord.”

[ Edited: 20 Jul 2021 at 07:46 pm by Ianb ]
KennyMowat
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Hamilton CAB - Health and Welfare Advice Project

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Total Posts: 2

Joined: 12 April 2017

Excellent Ian, thank you very much!