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Thread: Housing Benefit / Severe Disability Premium

  1. #1
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    Housing Benefit / Severe Disability Premium

    Hello, i split up with my ex partner 3 months ago due to her alcohol problem and abuse towards me ive had to move back in to the flat to care for our daughter due to her being remanded to prison on a section 18 with intent she was claiming carers allowance for me whilst i was living here but that has since been stopped when i moved out whilst i was living with my parents i applied for severe disability premium as im in reciept of pip daily care component and im in the esa support group due to mental and physical disabilities but because i have moved back in to the flat the esa want prove of me receiving housing benefit in order for them to release the severe disability premium backdated money to me she was also receiving housing benefit as well when i moved in i applied for housing benefit due to me receiving my benefits i applied for housing benefit and i have had a letter saying im not entitled to housing benefit because i dont recieve the severe disability premium but then i cant recieve my severe disability premium because they want prove that im recieving housing benefit can anyone shed any light on my situation im afraid im gonna lose the flat

    Thanks

  2. #2
    Senior Member nukecad's Avatar
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    This seems to be just a question of whether they can backpay any SDP.

    Receiving HB has nothing to do with being entitled to SDP.
    However if you have asked for the SDP to be backdated then they will be asking to see it to show proof of how long you have been living alone, and so if you are entitled to any backpayment of SDP.
    Obviously if you haven't been getting HB then you can't show that as proof, and unless there is something else that you can show and that the DWP will accept then you may have to forget any backdating of SDP.

    Of course you will not have been entitled to SDP while your ex was claiming CA, or while you were living with your parents.

    Have the DWP said that they are now going to be paying SDP with your ESA ongoing?
    Do you have a letter saying that SDP will be included in your ESA in future?
    If so then show a copy of that to the council.

    (The council are also wrong in that to be able to claim HB you have to be entitled to SDP in another benefit, it doesn't have to actually be in payment but it usually is if you are entitled to it).

    There would seem to be other issues here though.
    Who's name is the tenancy in?
    It your ex still claiming HB for the flat? (She can still do that while on remand).
    Who's name was that previous HB claim in?

    I think that you need to talk to a local advisor, who will have contacts with the council to help sort things out.
    Put your postcode in here to find advisors local to you: https://advicelocal.uk/find-an-adviser
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    Hi thanks for your reply, my ex stopped claiming carers a couple of days after i moved out i then had info that i was entitled to severe dis pre so i applied for it over the phone with the esa whilst the claim was in process i had to move back in to the flat and informed the esa that i had moved back in they then said i had to prove i was in reciept of housing benefit in order for them to release payment to me i then made a claim for housing benefit and informed them that my ex had gone to prison on remand they have since stopped my ex claim for housing benefit and refused mine as well due to me not recieving severe disa prem and not being at state pension age basically the housing want lrove im in reciept of severe disability and the severe disability want prove im in reciept of housing benefit i was in the process of severence of a joint tenancy but i had to withdraw it due to whats happened with my ex we

  4. #4
    Senior Member nukecad's Avatar
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    There is no requirement to be claiming HB to have ESA paid to you.

    I suspect that you may have misunderstood, or got mixed up, with what the DWP have said to you.

    The council may or may not be correct in stopping your ex's HB.
    I'm not sure what the rules are for someone who is detained under section 18.
    However that's her problem to sort out, and if it is still paid then that could have an effect on any HB claim you make for the same property.

    The council are correct that you can't claim HB unless you can show an entitlement to SDP.

    So you need to sort out the situation with the DWP before claiming HB.

    As said you should contact a local advisor to work with you and clarify what the situation is with the DWP.
    Last edited by nukecad; 14-06-20 at 19:27.
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  5. #5
    Senior Member nukecad's Avatar
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    A couple of questions occur to me, both answers could be important.

    When (what date) did you first claim ESA?

    Can you tell us how much ESA you currently get paid?

    (I'm trying to work out if this is 'Old Style' or 'New Style' ESA, - which could make a difference here, and could explain why the DWP want to see if you have Housing Benefit).
    Last edited by nukecad; 14-06-20 at 19:28.
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    Ive been on esa income related for 6 years i get 260 a fortnight im in the support group

  7. #7
    Senior Member nukecad's Avatar
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    Fine,
    that's 'Old Style' ESA then, Support Group with the EDP.

    It's only if it was 'New Style' that it might have changed what has been said above.
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