I have a case where a couple have applied for Housing Benefit. She is the claimant and is under 60 years of age her husband is over 60. She is in receipt of Severe Disablement Allowance and has been for 10 years and also gets DLAM low rate. Should she qualify for the disability premium on her claim?

No, is the short answer. The DP relies on both the clmt AND ptnr being under 60.

Regards

Not the answer I wanted. Can you think of anything that could make a difference?

I'm curious!

As the client gets a better deal with the pensioner premium why do you want to be able to change it to the disability premium?

Am i missing something?

It seemst you are trying to get both the 60+ personal allowance AND the DP. However, in the 60+ HB regs, there is no Disability Premium. At all.

So, the only thing that will make a difference, will be for your client's partner to grow younger. But, as Bensup has pointed out, the clmt would be worse off overall.

The only other thing that would make a difference is if both the clmt AND ptnr each get Attendance Allowance, or DLA care (middle, or higher, rate). That would bring the Severe Disability Premium into play. (NB: In some cases, it is possible for a SDP to be applicable if only one of the clmt, or ptnr, is on AA / DLA(C) - but I'm trying to keep it simple for now).

Regards