Severe Disability Premium Benefit


#1

I would like to ask if anyone who has a person in residential care home has received the Severe Disability Premium through Employment and Support Allowance.
My son was awarded this when we applied for his ESA in 2009 and when we had to go through the review stage and again everything stayed the same.
It appears that when we had to change from DLA to PIP it had not been written down on the ESA calculations as it was when on DLA, although they knew he’s always be in residential and the care/daily living would not be paid only as a “boarder payment” when he comes home to us.
When I challenged this they said it was their mistake and would be writing the so called over payment off.
I could not make head or take over their answer as they kept contradicting themselves.
Sorry this is a long question.
Can any one help?


#2

The severe disability premium (SDP) is paid as part of ESA if three conditions are met: (1) in receipt of PIP daily living (or equivalent) PLUS (2) no-one receives Carers Allowance for looking after the claimant PLUS (3) you either actually live alone, or ‘technically’ live alone.
If public funds are paying for the stay in Res Care then usually that means entitlement to PIP is suspended whilst staying in the Home. .This is because claiming PIP is deemed to duplicating the public funds already being used to pay towards the Home’s fees.
The public funds don’t have to cover all of the Home fees to affect PIP. PIP will still be paid for the first 28 days of going into the Home, but suspended thereafter for any days in publicly-funded care.
PIP can be re-activated when back at the family home.
If someone is NOT receiving public funds then there is no duplication.
Thus, if there are public funds paying for the Home fees, PIP is suspended, and as a consequence eligibility to SDP is prevented.
If you 'pass’that first SDP condition, you then look at the other two. It may well be possible, for example, to show that he is technically living alone whilst in a Res Care Home.
Note: there is no SDP with Universal Credit.
Hope this assists.