Reply To: Non-Deps and loss of SDP to Pensioner in receipt of AA


Well, I think the 26-week rule definitely applies.

Here is an extract from HB 60+ Reg 59:

[i:dbd599d688]”(10) Paragraph (11) applies if—
(a) the claimant or his partner has attained the age of 65; and
(b) either—
(i) a non-dependant took up residence in the claimant’s dwelling; or
(ii) there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under regulation 55 (non-dependant deductions) increased.
(11) Where this paragraph applies, the change of circumstances shall take effect from the effective date.”[/i:dbd599d688]

Paras (12) & (13) then define the “effective date” – a series of variations on the 26-week theme.

Para (10)(b)(i) says the 26-week rule applies when a non-dep moves in. It does not say “but only in so far as this affects non-dep deductions”. So in the absence of an explicit exclusion of the SDP from this rule, I do not see how it is possible to argue that it does not apply to the SDP. Maybe it wasn’t intended to apply to the SDP, but the Reg seems pretty clear to me.

Ask me another time whether, in that case, there is a way for the claimant to wriggle out of having to wait 26 weeks for the size criteria to kick in. I’ll probably try to argue that “change of circumstance” has a different meaning for RO purposes, but for now I acknowledge that’s a tough one.

SDP though: definite 26-week rule as far as I can see.