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On behalf of a friend, she need's advice with the following scenario please:

 

She is a 35 year old female with a child.

 

-she is joint owner of a property (about 33.3% share ownership with both her parents), she does not live their nor do they pay her rent for her share in the property. (no mortgage)

 

-she is sole owner of a 2nd property that she currently lives in with her child (mortgaged)

 

Her plan is to rent a property (and rent out her 2nd property) and is not sure how long it will take her to find employment when she relocated and therefore, may need help with rent......(housing benefit)

 

Does anyone know how housing benefit is calculated? Do they take into account she has to pay a mortgage on her 2nd property but will have excess left over each month from the rental income?

 

e.g.

 

mortgage of 2nd property is £500

Rental income on 2nd property is £800

Surplus is £300

 

Rent on new house is £1000, therefore, would housing benefit pay her £700 top up? And would it be a 2 bed LHA rate, as she has a child?

 

Any advice would be greatly appreciated, thank you

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if a person has capital in excess of £16k, they are not entitled to HB

 

capital value of properties is calculated as follows:

90% of market value minus outstanding mortgage(s) and/or secured loans

 

if the value of second property is calculated to be more than £16k, she will not be entitled to any HB


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Dear Caggers,

 

I need your advice/thoughts on the following query on behalf of a friend.....I will try and keep it simple:

 

His housing circumstances:

He is a 45 year old male, single,lives with his mother (a pensioner) after he had a major stroke 18 months ago. His mother does not receive carer's allowance nor has my friend ever applied for it.

 

His financial circumstances:

Since his stroke, he has been awarded ESA (support group) for 5 years and DLA (high care and mobility) for 2 years. He and his mother to not have benefits joint with DWP (like partners do)

 

My friend was informed that he may qualify for a benefit (or additional component with his ESA) called "severe disability premium" of approx. £52 per week as he has never claimed for carer's allowance.

 

The DWP advised on the phone that they will send the forms needed but believe he will not qualify as he "does not live alone". After trying to help him and do some online research I am slightly confused over this part, in order to qualify.

 

Here is a link and at the bottom of the page its states:

"live alone (there are exceptions to this rule - (For more information see our Disability Rights Handbook.)"

http://www.disabilityrightsuk.org/employment-and-support-allowance-overview

 

Given his circumstances, would he qualify? (as he is not living with a partner, nor financially linked.

 

Any advice is greatly appreciated.......Thank you :)

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He wouldn't qualify as he is living with his mother. The only times you can claim the premium when not living alone is if the person you live with could not be ecpected to be a support to you, for instance a lodger who is there on a commercial basis for example.

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He wouldn't qualify as he is living with his mother. The only times you can claim the premium when not living alone is if the person you live with could not be ecpected to be a support to you, for instance a lodger who is there on a commercial basis for example.

 

Oh I see, could it not be argued that his mother is not able to care for him (she disabled herself), therefore, technically that would be an assumption of the DWP that she was obligated/expected to?

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Oh I see, could it not be argued that his mother is not able to care for him (she disabled herself), therefore, technically that would be an assumption of the DWP that she was obligated/expected to?

 

Is she in receipt of DLA (middle or higher rate care) or Attendance Allowance?


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Hmm, good question.......No she is not. She has never applied for DLA....

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It is possible that if she was awarded either DLA or AA (depending on her age) then she would not count as "living with him" for SDP purposes. As things stand, though, he probably won't be entitled.

 

Non-exhaustive list of people who don't count when determining if a claimant lives alone:

 

  • Children under 18
  • Children under 20 in full time non-advanced education
  • Lodgers
  • Joint tenants who have their own agreement with the landlord
  • Sub tenants
  • Anyone who is themselves in receipt of DLA at Middle or Higher Rate Care level
  • Any person who is registered blind


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It is possible that if she was awarded either DLA or AA (depending on her age) then she would not count as "living with him" for SDP purposes. As things stand, though, he probably won't be entitled.

 

Non-exhaustive list of people who don't count when determining if a claimant lives alone:

 

  • Children under 18
  • Children under 20 in full time non-advanced education
  • Lodgers
  • Joint tenants who have their own agreement with the landlord
  • Sub tenants
  • Anyone who is themselves in receipt of DLA at Middle or Higher Rate Care level
  • Any person who is registered blind

 

Thank you for this info. I think its probally a case of the decision maker basing his/her decision on this case's own merits, as in the "qualifying" criteria, is it not an assumption that any persons over the age of 18 living in the household is "obligated" to care for the claimant?

 

Also, not every "disabled" person claims all the benefits they are entitled to, as claiming more benefits does not necessarily reflect the non-claimants capabilities, mentally and physically, agree?

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Thank you for this info. I think its probally a case of the decision maker basing his/her decision on this case's own merits, as in the "qualifying" criteria, is it not an assumption that any persons over the age of 18 living in the household is "obligated" to care for the claimant?

 

Also, not every "disabled" person claims all the benefits they are entitled to, as claiming more benefits does not necessarily reflect the non-claimants capabilities, mentally and physically, agree?

 

The SDP is not an "own merits" issue, although some things in benefits are. The required form (IS10) doesn't actually get submitted to a Decision Maker; regular processors will deal with it because there's no decision to be made. But yes, people in the claimant's household are expected to care for the claimant from an SDP point of view. It comes down to how "household" is defined. Obviously lodgers, joint tenants and so on are not counted as part of the household. Some people, such as children under 18 or those registered blind, are normally part of a household for benefit purposes but are exempted.

 

With regard to other household members who are disabled, they are exempted. But the law defines "disabled" as "in receipt of one of several benefits paid to assist with disability." I do agree that not everyone who is disabled claims everything they might be entitled to, yes - claiming is a whole lot of hassle in many cases.


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Meant to add, one exemption I'd like to see is for other household members who are over state pension age. That's not currently in the law, though, to the best of my knowledge. It should be. I mean, even a relatively healthy 80 year old (for example) might struggle to care for someone who is disabled.


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The SDP is not an "own merits" issue, although some things in benefits are. The required form (IS10) doesn't actually get submitted to a Decision Maker; regular processors will deal with it because there's no decision to be made. But yes, people in the claimant's household are expected to care for the claimant from an SDP point of view. It comes down to how "household" is defined. Obviously lodgers, joint tenants and so on are not counted as part of the household. Some people, such as children under 18 or those registered blind, are normally part of a household for benefit purposes but are exempted.

 

With regard to other household members who are disabled, they are exempted. But the law defines "disabled" as "in receipt of one of several benefits paid to assist with disability." I do agree that not everyone who is disabled claims everything they might be entitled to, yes - claiming is a whole lot of hassle in many cases.

 

Thank you, my thoughts exactly. That's why I was getting confused because there is assumptions with the DWP that are not correct in every household.

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Thank you, my thoughts exactly. That's why I was getting confused because there is assumptions with the DWP that are not correct in every household.

 

To be fair, the assumptions in this case are made by Parliament, not the DWP. But in the end, there needs to be some definition of whether or not a person is disabled and therefore exempted, and there simply aren't the resources to intelligently assess every case of everything on its merits. Some bright lines get drawn.


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Does the mother care for her son at all? if she does care at least 35hrs and this can include cooking etc, then whats stopping her claiming CA.

It would not get awarded because of the pension but she would get the carers premium if she is on pension credit

This extra money would make up some of the household shortfall of not being entitled to the SDP

may be worth thinking about

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Dear Caggers,

 

 

My ESA is due for review, will I be switched to universal credit (if awarded) or is this going to happen until 2016/17?

 

 

Does universal credit include combining my DLA, or is this kept separate?

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The UC info and timetable for roll out is here

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:confusedbunny:

 

Very unlikely a claimant of employment n support will be asked to switch to universal credit any time soon. Government are having serious technology problems coping with anyone who's not a jobseeker without children.

 

Disability living isn't being subsumed into universal credit, which is a combination of six income dependent legacy benefits. However when your current award of disability living ends you may be invited to claim a personal independence payment instead.

 

http://www.disabilityrightsuk.org/personal-independence-payment-pip

 

Margaret.

Edited by **Margaret**

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Dear Caggers,

 

 

I need some advice on behalf of a friend........Here is his situation:

 

 

After a major stroke in 2012 he was awarded the following:

 

 

ESA (support group) including enhanced disability premium-For 5 years

DLA-High mobility and high care components-For 2 years

 

 

Upon expiry of his DLA he reapplied again. His application was refused and advised that he would need to apply for PIP and was sent the appropriate forms. Before he completes this, he has a few queries:

 

 

1. Is applying for PIP form compulsory? (as he still needs to have some kind of benefit financial support)

 

 

2. If its not compulsory and he does not reply, will he just continue to receive the remainder of his ESA award for the next 2.5 years?(obviously, without having any DLA)

 

 

3. If it is compulsory and he is unsuccessful in his PIP claim, will his remainder award of ESA of 2.5 years still remain or will it be affected ) i.e. will he be put on JSA?

 

 

4.If his application for PIP is awarded, will a new award period will be given? (and the old ESA remainder period be removed)

 

 

5.As he re-applied for DLA and was advised to convert to PIP, if he is awarded the disability component within PIP will he be entitled to any back dated money?

 

 

6. Am I confused in thinking that PIP is one overall benefit (like DLA/ESA combined) and he would not be awarded PIP and still get to keep his ESA award?

 

 

Any advice/guidance is always appreciated.....Thank you

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it is not compulsory, but if his circumstances have remained similar (or deteriorated) since he was awarded DLA, it would be in his interest to apply for PIP

 

Deciding not to apply for PIP should not affect ESA, unless he is receiving the Severe Disability Premium (which he would lose when his DLA award ends)

 

If he reapplies and PIP is awarded, it will have an award period - this should not affect ESA award period (although if his condition has improved, the DWP may decide to carry out early review of ESA)

 

Sorry cant answer backdating question, but would advise that if he intends to apply for PIP, he should do so at earliest opportunity


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it is not compulsory, but if his circumstances have remained similar (or deteriorated) since he was awarded DLA, it would be in his interest to apply for PIP

 

Deciding not to apply for PIP should not affect ESA, unless he is receiving the Severe Disability Premium (which he would lose when his DLA award ends)

 

If he reapplies and PIP is awarded, it will have an award period - this should not affect ESA award period (although if his condition has improved, the DWP may decide to carry out early review of ESA)

 

Sorry cant answer backdating question, but would advise that if he intends to apply for PIP, he should do so at earliest opportunity

 

 

As for if he is refused PIP, because the face to face assessment may have raised some issues that indirectly/directly relate to the ESA award, it is entirely possible that the DWP may well instigate a review of the ESA award using the PIP assessment report as possible evidence that there has been a change of circumstances in his ability to carry out some work based descriptors.

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The SDP component is still being paid within his ESA payments despite his DLA award expiring two months ago. Will they randomly stop this at some point then if he fails to apply for PIP?

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Has he told ESA he is no longer receiving DLA?


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No, he assumed records were linked and esa dept would be aware of the expiry of the dla.

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