Housing Benefit - under 35 but exempt

[dolphinsezzy]

I sent an email with a scan of the rent increase, and suggested exactly that, Brig! I praised today's clerk and HO, and told them last week's fiasco caused me unneccessary stress and ill-health.

[BRIGADIER2JCS]

I sent an email with a scan of the rent increase, and suggested exactly that, Brig! I praised today's clerk and HO, and told them last week's fiasco caused me unneccessary stress and ill-health.

 

Well done,may be worth a short e-mail to the CEO praise for today, complaint for last week, I know he does act.

I've got an elderly couple with health problems nearly £60 a week on DHB, by going to the top.

 

Have a great Christmas sezzy.

 

Brig.

[abc123def]

Excellent news, well done. Dreadful to think some people with less ability or spoons wouldn't have fought it and would just have paid.

[citizenB]

I just thought I should let you know that I have just spoken to CBC (I noticed they'd made an error with my postcode, for some strange reason!), and I thought I would ask if their stance was still the same regarding the shared/single room rate. They have admitted they made an error and the housing officer (a different one from last week's, who also happened to work for the DWP previous) is going to sort it this afternoon. I even had an apology for all the stress it caused me which subsequently made me very ill over the weekend, and for the treatment I got from the other clerks and housing officer.

 

Thank you SO much all!

 

Excellent, this is good news - I would be inclined to do as Brig says and follow up with a letter to the CEO confirming that whilst now resolved, this situation has caused no end of grief for you.

[dolphinsezzy]

Yes I will definitely follow up with a letter to the CEO. The lady today suggested, even though I have the HB reinstated as before, that I apply for Discretionary HB as well because I still have a considerable short fall. I shall mention this to the CEO too, especially after what Brig has said about that.

[sonnyboypride]

I am having exactly the same problem with Slough Borough Council. I am under 35 in private rent one bed. I receive middle rate care DLA, no one receives carers allowance for me, which should make me exempt, but they are still adamant on paying single room rate. I have Bi-polar 2 and have already been hospitalised over the stress this is causing me. I have been fighting for months to stay where I am, but now I have 4 weeks before I am to be evicted. Someone please help!!

[Nystagmite]

I am having exactly the same problem with Slough Borough Council. I am under 35 in private rent one bed. I receive middle rate care DLA, no one receives carers allowance for me, which should make me exempt, but they are still adamant on paying single room rate. I have Bi-polar 2 and have already been hospitalised over the stress this is causing me. I have been fighting for months to stay where I am, but now I have 4 weeks before I am to be evicted. Someone please help!!

 

Have you got in touch with someone like Mind?

[honeybee13]

Hello there.

 

I wonder if it might be worth a call to Shelter too, they seem very helpful

 

My best, HB

[sonnyboypride]

Thanks for your replies guys. MIND don't deal with housing law unfortunately. I am going to pop into Shelter on Monday, but someone said there was a Shelter rep on here?

[id6052]

http://www.dwp.gov.uk/docs/sar1.pdf

 

top of page 3 confirms those in receipt of Severe Disability Premium are exempt

[id6052]

http://www.dwp.gov.uk/docs/lha-guidance-manual.pdf

 

Page 27

Severe Disability Premium included in benefit assessment

2.080 Under 25 year olds, single customers over 25 or couples who have no dependent children and who have the Severe Disability Premium included in their benefit assessment, will have their benefit allowance based on the one bedroom LHA rate whether or not they share accommodation and regardless of its size.

[honeybee13]

Good find, id. Thank you for that.

 

sonnyboy, I believe we do have a Shelter rep, but I imagine they work weekdays. I think going to see them is a good idea though, it's always good to talk face to face.

 

HB

[id6052]

sonnyboypride, try using the following as a letter

Dear Sirs

I refer to my Housing Benefit in respect of:

Address

I would like to request that the applicable local Housing Allowance rate be revised to the one bedroom self-contained rate on the basis that I am entitled to a Severe Disability Premium and am therefore exempt from the shared accommodation rate.

Details of the pre January 2012 SDP exemption can be found on page 27 of the DWP LHA guidance manual http://www.dwp.gov.uk/docs/lha-guidance-manual.pdf I note that this makes reference to under 25s.

In January 2012, the DWP extended the shared accommodation rate to most 25 to 34 year olds, however those entitled to SDP were excluded from this change. See page 3 of the DWP communication on this change http://www.dwp.gov.uk/docs/sar1.pdf

I would therefore request that you immediately revise my award to the one bedroom self-contained rate.

If you are unable to do so, please: -

 

1. provide a full written explanation of such refusal, including the specific regulation/legislation
   
2. treat this letter as a request that the matter be referred to Her Majesty’s Courts and Tribunals Service for an appeal hearing
   
3. treat this letter as an official complaint for maladministration in that the Council is failing to apply the relevant legislation correctly
   
4. treat this letter as a request for a discretionary housing payment
   

Please also acknowledge receipt of this letter within 5 working days of receipt.

Yours faithfully

Edited January 20, 2013 by id6052

[id6052]

Also copy letter to the Council's

 

1. Chief Executive
   
2. Housing Benefit Manager
   
3. Complaints Manager
   

[sonnyboypride]

Thanks id, thats awesome. I am not currently in receipt of the severe disability premium, but my understanding is that I should be because I receive middle rate care component of DLA?

[id6052]

Why are you not receiving a Severe Disability Premium?

 

What incomes/benefits do you receive?

[sonnyboypride]

ESA and DLA medium rate care and low rate mobility. My understanding is that I am entitled to severe disability premium if I am in receipt of middle or higher rate care DLA?, which I am.

[id6052]

do you know which type of ESA you are receiving? income related or contribution based?

[sonnyboypride]

It doesn't say specifically on my ESA letter. There is a part that says the payment of ESA is based on your NI contributions plus any additional amount the law says you need to live on.

[sonnyboypride]

However, having said that, there is also a section that says your income related amount is ... And the amount printed is my full ESA

[id6052]

Sonnyboypride

 

You should be receiving a Severe Disability Premium, as part of your ESA and/or HB, as long as:

 

1. you are in receipt of DLA(care) at middle or higher rate
   
2. you live on your own
   
3. nobody is claiming Carers Allowance for looking after you
   

If you are receiving income related ESA, then your ESA should include your Severe Disability Premium - paragraph 6, Schedule 4, ESA Regs

 

If you are receiving contribution based ESA, then your HB should include your Severe Disability Premium - paragraph 14, Schedule 3, HB Regs

[id6052]

How much ESA have you been awarded?

[sonnyboypride]

99.15 a week. I receive middle rate DLA care, I live on my own and no one receives carers allowance for me

[sonnyboypride]

Does it matter wether ESA or HB contain my severe disability premium? Either way the housing benefit people should see I am entitled to one and calculate under the exemption accordingly? Is that right?

[id6052]

£99.15 is the amount payable for ESA for person aged over 25 in the Work Related Activity Group.

 

However based upon the information you have provided, you should also be entitled to a Severe Disability Premium, which would increase your ESA to £157.35 per week.

 

You need to apply to DWP for a revision under paragraph 6, Schedule 4, ESA Regs.