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SDP if claimant living temporarily with friend?
My client is on DLA LR mob, MR care and IBJSA. He lives with a friend on a temporary basis (now for about 3 months) and he is waiting to get his own council flat (which could take ages). I don’t think he is paying his friend any rent etc. I suspect he won’t be able to get SDP until he moves but can anyone confirm that?
forum member
money advice, midland heart HA, birmingham
Total Posts: 39
Joined: 8 July 2010
that would be my belief, unless his friend was also on middle or high rate care and no one claimed carers allowance for him, so that they’d both qualify for SDP
forum member
Torbay Disability Information Service, Torbay NHS Care Trust
Total Posts: 342
Joined: 29 June 2010
Is the friend employed and therefore out of the property most of the time? What, if anything, does he do for the client? I would check out the decision maker’s guide as a minimum: http://www.dwp.gov.uk/docs/dmgch23.pdf (23208 onwards and esp. 23210…
When considering where a person normally resides the DM should have regard to:
1. the total amount of time spent in a place
2. how often time is spent in a place
3. how permanent the stay is thought to be
4. the person’s intentions
5. individual circumstances
6. what degree the accommodation is shared
7. the services provided
8. whether the person owns or rents any other accommodation
9. whether the person has any liabilities for services/utilities/tv licence
I’d at least let the DM make the decision. Safer to ask for the SDP, than not.
forum member
Welfare rights adviser - Plumstead Community Law Centre
Total Posts: 640
Joined: 17 June 2010
Thje condition is that he has no non dependant normally residing with him
You can argue that his friend is not a non dependant normally residing with him because the arrangement is temporary and he is actively seeking other accommodation.. The following authorities will be useful to you
CIS/14850/1996, CSIS/100/1993, and CH/3935/2007
File Attachments
- CIS-14850-1996 non dep.doc (File Size: 36KB - Downloads: 621)
- CSIS_100_1993 non dep tbuw CIS14850-96.pdf (File Size: 768KB - Downloads: 549)
- ch_3935_2007 non dep.doc (File Size: 56KB - Downloads: 639)
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Welfare rights officer - Derbyshire County Council, High Peak
Total Posts: 108
Joined: 16 June 2010
Hugos, I have a similar case at the moment, although it is the tenant who is getting SDP. His friend had been staying for about 6 weeks when LA stopped tenant’s SDP and he also lost his single person discount on council tax. They also tried to make a non-dep deduction! I wrote to them sending a copy of CIS/14850/96 [referred to above by Stainsby] and advising that his friend was not looking after him, was only there temporarily, although not easy to give an end date as he is looking for acoomodation, and their friendship was not based on support. The LA changed the decisions. However, I don’t think they are very happy and have made it plain that they intend to keep an eye on things. However, he has now been there over 5 months and they have not revisited the decision. He will probably come in tomorrow!
Tony
Thanks everyone for the advice - I think I will ask my cl to apply for SDP anyway and see what happens.