Severe Disability premium

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  • #286798
    K Mundi
    Participant

    We are currently looking at an appeal, where the claimant is disputing the decision not to apply the Severe Disability Premium. The couple are in receipt of the following income, claimant is in receipt of SRP and AA (high rate)and partner is in receipt of SRP and UE to CA. are they entitled to the SDP, for HB. Please can someone quote me the regulation for SDP and if they are entitled to the SDP on the income mentioned.

    #286799
    Peter Barker
    Keymaster

    Paragraph 6 of Schedule 3 to the HB(SPC) Regs 2006:
    https://www.legislation.gov.uk/uksi/2006/214/schedule/3/paragraph/6

    Subpara (2)(b)(ii): they must both be getting AA or equivalent, it’s no use if one partner is on AA and the other is their carer

    #286801
    helevans
    Participant

    Hello – No.

    Schedule 3 – Applicable amounts. Paragraph 6 – Severe Disability Premium.

    Sub-Paragraph 2 (b) – in the case of a claimant who has a partner.

    Both have to receive a listed disability benefit – of which you’ve said only the claimant does in Attendance Allowance; and there cannot be a non-dependant resident – unless they too receive one of the listed disability benefits; and no-one can be entitled to and receiving Carers Allowance or UC Carer Element.

    Unless (always an unless) the partner, who isn’t receiving a listed disability benefit is blind or treated as blind (as determined in sub-paragraphs 3 & 4).

    If both were receiving a listed disability benefit and one had UE to Carers Allowance they they could still have the premium because they would need to be entitled to and in receipt of it – they are only entitled to it. But as only one is receiving the disability benefit then they don’t qualify for the premium.

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