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

Living alone for SDP

Pete C
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Pete at CAB

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Total Posts: 556

Joined: 18 June 2010

I have a client whose non-dep son is about to go off travelling, he is going to be away for some while and may not in fact come back if he finds employment overseas. While he is away he will not have a permanent address and any post will probably have to come c/o his mum.

Would she be eligible for the SDP while he is away, para (2) (a) (ii) of reg 6 says that it is payable if there is no one over 18 who ‘normally resides’ with the claimant.

Has anyone seen any case law or anything else that might decide whether an adult son who is away for some considerable time is in fact normally residing with the claimant.

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Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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Its not necessarily a question of time.  The facts must be taken in the round ( seeCH/3935/2007… for what its worth I represented in that one) 

You could also look at CIS/14850/1996 and CSIS/100/1993

The above cases addressed the question of whether someone actull yliving with the claimant was “normally residing with her/him, but I think the “connotations of permanence” possited by the Commissioner in CIS/14850/1996 apply as much to absence.

Mr Commissioner Jacobs (as he then was) critcised me for trying to extrapolate from other decisions and warned that the facts of each case may be different and slight differences can lead to very different conclusions.

Overall though, I think you have a good case to argue that the son in your clients case is not normally resding with her

[ Edited: 22 Mar 2013 at 03:52 pm by Stainsby ]

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