any caselaw on the situation where mother and adult son live in same rented property, as jt tenants with separate HB etc? Adult son is severely disabled and on HRC/HRM DLA....he is on Incap and some occ pension which takes him out of IS unless he were to be entitled to SDP. Mother is basically arguing separate households in her appeal....any merit-worthy caselaw??...para 13(3) S2 IS Gen Regs 87 would not seem to apply as an "exempted non-dependant", but we have a situation where, if mother did not look after son, he would be placed by Local Authority etc.

If they're Joint tenants I can't see how the non dependant rules apply. You mentioned arguing seperate households in the appeal but dont say what appeal is for. If the SDP then I would first look at how long Joint tenancy in force. Reg 3 (2c) IS General Regs and whether these fit mother and sons situation.

the appeal is IS appeal refusing to pay SDP

I don't know how to do links to past postings but on April 12 Semitone started a thread which might help. The subject was 'sdp decision'

Don't know why I'm posting this when I could just ring you

Sue

Here is the link to the earlier discussion forum thread that sue has highlighted -

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=103&topic_id=2579&mesg_id=2579&listing_type=search