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Do you need to be single to get SDP?

jarvo40jarvo40 Posts: 31Member Connected
Hi I was wondering if anybody out there has or are going through my dilemma presently...I’m in the income related support group and in the last 2 weeks have married my non eu partner she has no recourse to public funds and is not allowed to work.. I get the severe disability element and nobody knows at present if I will still be entitled to that payment because I’m not single anymore..to make things more confusing is it hasn’t affected my housing benefit but did affect my single council tax allowance.. so in one hand it does not but in the other it has.. please help..lol

Replies

  • steve51steve51 Posts: 5,883Community champion Disability Gamechanger
    Hi @jarvo40

    Good Morning & Welcome 🙏 🙏

    Yes the Benefit System is very difficult to get our heads around.

    I am one of the “Community Champion’s” on our site/community.

    Let’s have a good look 👀 at things for you.

    Here’s some info for you on “ESA” below from our site.

    https://www.scope.org.uk/advice-and-support/employment-and-support-allowance

    Please have a good look 👀 at this info & please let me know if you can any further help??????

    @steve51 




  • jarvo40jarvo40 Posts: 31Member Connected
    Thx for your reply Steve followed the link but was not helpful unfortunately I just need to find out if I’m still entitled to the sdp as my wife cannot work or have recourse to public funds on her fiancé visa.. she does not need to leave the country as we are currently applying for the marriage visa for leave to remain.. what has made me concerned as when I registered her for council tax I lost my single person discount but it did not affect my housing benefit so confusing..regards
  • thespicemanthespiceman Posts: 5,401Community champion Disability Gamechanger
    Hello @jarvo40   Pleased to meet you welcome.

    Thank you for joining and sharing.

    I am one of the team of community champions who advise and help new members who join.

    In response to your question I would contact CAB your local office. 

    They have expertise and knowledge on benefit inquiries.  I understand benefits are complex and confusing could be worth a call. Make an appointment.

    Hope that helps.

    Please take care.

    @thespiceman
  • jarvo40jarvo40 Posts: 31Member Connected
    Hi thx for your response spiceman that was going to be my next step just thought I’d find out from somebody who might of had a similar experience.. many thanks
  • thespicemanthespiceman Posts: 5,401Community champion Disability Gamechanger
    Hello @jarvo40 Pleased to helped you. Remember if we can advise with anything else further.

    Need to ask please do.

    Always here to listen and be supportive.

    Wish you the best.

    @thespiceman
  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Welcome to the community, @jarvo40!
  • jarvo40jarvo40 Posts: 31Member Connected
    Thx pippa.. nice to share and listen to everyone unity is the key..
  • steve51steve51 Posts: 5,883Community champion Disability Gamechanger
    Hi @jarvo40

    I’m very very sorry that the info wasn’t any good for you !!!!!

    Please please leave it with me and I will get back to you ASAP??

    @steve51 
  • steve51steve51 Posts: 5,883Community champion Disability Gamechanger
    Hi @jarvo40

    We have got a number of “Benefit Advisors” on here & if you want I can forward your post onto them for there “Take on Things”

    Please please let me know how you feel & I will get the “Wheels in Motion” straightaway.

    @steve51 
  • jarvo40jarvo40 Posts: 31Member Connected
    Hi Steve I think from the legislation I’ve read the help from the job centre and from the views I have had in forums there is clear evidence you must be single to still receive the sdp but there are a few exceptions but no mention of my situation I’ve sent a letter a week ago to the dwp just would of liked a heads up before I get a reply.. such a lot of money to lose when my wife who wants to work and contribute cannot on her visa conditions.. but if that’s the law so be it just seems a bit harsh
  • steve51steve51 Posts: 5,883Community champion Disability Gamechanger
    Hi @jarvo40

    I have been going through the info for you & it looks like as soon as you mention your partner/marage then it will change everything!!!!!!

    Please please let me know how you feel???

    Sorry!!!!!!

    @steve51 
  • poppy123456poppy123456 Posts: 15,185Community champion Disability Gamechanger
    Hi,

    To receive the SDP then you must be living alone or classed as living alone. If you're living with a partner then you both must be receiving a qualifying benefit such as daily living PIP, DLA mid/high rate care or attendance allowance. Unfortunately, because your partner doesn't receive any of those then you won't be entitled to the SDP.
  • jarvo40jarvo40 Posts: 31Member Connected
    Thank you all for your advice unfortunately you all only told myself what I already knew I just wanted to know as my wife had no recourse to public funds and cannot work plus she would have to be living in this country for 2 years before she could be my carer would be an exemption..I received the verdict today that my wife’s position is not an exemption so I will lose the sdp but I’m allowed to have a carer as I get standard living and mobility part of pip..I’m glad it’s all sorted now and thank everyone for there help..my intentions were only to find an answer and now I have it..kind regards
  • poppy123456poppy123456 Posts: 15,185Community champion Disability Gamechanger
    To claim carers allowance your wife will need to have been living in the UK for at least 2 of the last 3 years. Please see link.

    Taken from the link.

    All of the following must also apply:

    • you’re 16 or over
    • you spend at least 35 hours a week caring for someone
    • you’ve been in England, Scotland or Wales for at least 2 of the last 3 years (this does not apply if you’re a refugee or have humanitarian protection status)


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