Housing Benefit Reduced cos I get DLA

[jendoc]

Can someone please clarify: I have recently been awarded high rate DLA but I had a letter today saying that my Housing Benefit is to be reduced because i now get DLA.

 

Is this correct.?....I always thougt DLA was not counted as income for housing Benefit purposes?

 

Jendoc

[Zamzara]

As far as I am aware it is never possible for DLA to reduce housing benefit.

 

Any chance you could post the full letter?

[enamae]

According to this it's ignored. In fact in some cases it can increase what you're entitled to.

 

 

Here

[silverfox1961]

I don't know if you're in the same position as me.

I get income support as well as DLA and my housing benefit hasn't been reduced.

I would query their decision because DLA is not counted as income.

[jendoc]

Thank you all so much..I will question this 1st thing in the morning!.

I was worried sick!!.....Your advice is much appreciated.

Jendoc

[dpick]

Hi just a further bit of info both my wife and I get full DLA mobility and DLA care allowances and recieve full housing and rate benifits.

 

dpick

[charliesgranny]

I was told at the housing office it is only the care side of dla that reduces how much rent has to paid. I get full rent and council tax rebate but, they did stress it was only because we get the care component. Hope this helps.

[kiptower]

this might help

 

Carer's Allowance - The Carer (UK)

 

DLA and Mobility awards do not affect housing benifit

[Millie123]

I receive DLA for my 15 year old son. The council use this as income to calculate my Housing and Council Tax benefit. I did ask why when I called them but did not get an explanation. I will look into it further.

[kiptower]

DLA is a disregared income , write to the director of the council that deals with housing benifits etc and ask why they are breeching the rules ,

 

also check out the DWP website all the info is on there

[Millie123]

Will do thanks. I have just e-mailed them as they are not very helpful on the phone. Will probably be the same people so if I get no satisfaction will send a letter. I also will contact the DWP and get their advice.

[JimmySpangle]

The council are definitely wrong to reduce housing benefit on the basis of DLA. DLA is as said above NOT included in anmy calculation for incopme at all. The person who made this decision is wrong. Appeal immediately outlining that reducing housing benefit on the basis of DLA income is unlwful and completely incorrect.

 

You will eventually get it backdated and corrected, but don't expect any apologies.

 

You must appeal within 28 days IIRC.

 

 

Oh.... just re-read. It is a very old thread. No point appealing now. Hopefully that was done at the time.

[Aviva]

Best way would be to write to the director or put in a complaint. The problem I find is that a lot of Council enquiries go through Customer Service teams who can answer run of the mill enquiries but not more complicated ones.

[soleman]

I receive DLA for my 15 year old son. The council use this as income to calculate my Housing and Council Tax benefit. I did ask why when I called them but did not get an explanation. I will look into it further.

 

Sorry, but I have to ask. . . are you sure you are not confusing Disability Living Allowance (DLA) with Carers Allowance?

 

DLA is definately disregarded, but if you are receiving Carers Allowance because you care for someone, this is not disregarded.

[kiptower]

CARERS ALLOWANCE is disregarded CHECK THE REGS

[soleman]

Carers Allowance is counted in full as unearned income, obviously unless a claimant is only awarded an underlying entitlement to it. Just checked my guidance, unless things have changed very recently???????? Hey no need to shout either!

[kiptower]

if someone is already on IS , and their partner gets Carers allowance for them , part of CS will be deducted as the claimant is receiving IS, however there is a personal allowance which is about £29 ( might be a bit more now ) and non of that can be regarded as INCOME in respect of HOUSING BENIFIT

 

what needs to be clarified here what other BENIFITS the OP is receiving

 

its not a blanket answer that Carers Allowance CANNOT be disregarded in respect of HOUSING BENIFIT

[soleman]

I wondering where Millie says she was on IS? if she was then there would obviously not be an issue with the Council including whatever income they have included. IS would automatically passport max HB and CTB regardless of what other benefits are in payment, deductions only 'normally' occur if there is a non dep residing in the property and the claimant is NOT receiving DLA care component.

The max CA is not payable if there is another DWP benefit in payment which is more, then they have an underlying entitlement to it. Which helps with premiums etc.

 

I queried with MILLIE, to be sure what benefit she was getting in order to ascertain a reason as to why the HB had reduced. I dont think it can be DLA as DLA is disregarded, which is why I think perhaps she is getting Carers ALlowance, which is as I said before included as unearned income even if its at a reduced amount.

[Millie123]

Hi

Sorry to start an argument

It is DLA I receive for my son. It is in his name but as he is a child it goes into my account.

I don't receive IS. I am in low paid employment and so receive working tax credits. I know they count that as income, but are also counted the DLA as income too.

x

[soleman]

Hi Millie

No the Council shouldn't be including your sons DLA as your income, it should be ingnored. In fact, it maybe that him being in receipt of DLA could even increase your applicable amount, because you may be entitled to the disabled child premium and you MAY get more benefit. The best thing to do is write to the benefits section at your local authority and request they reconsider their decsion to include your sons DLA as income. They should then realise thier error and give you back the benefit that's due to you.

Regards Soleman.