PIP Help

Alice_Holt · 20 March 2017 at 9:50PM

acooper95 wrote: »

I've just spoken to a friend who works within the benefit office at our local council and she has pretty much said as I have declared ESA and PIP for him, he can only claim the maximum for shared accommodation.

Have a look at https://england.shelter.org.uk/housing_advice/housing_benefit/shared_accommodation_rate_for_under_35s

Which states "If you are a single private renter under the age of 35, you are usually only entitled to housing benefit at the shared accommodation rate......Exemptions......
Housing benefit if you have a disability

You can claim the 1-bed rate of local housing allowance (LHA) if you are in self-contained accommodation and get any of the following benefits:

daily living component of personal independence payment (PIP)
attendance allowance
middle or high rate care component of disability living allowance (DLA)"

If you need to double check the information from the council it may be worth contacting Shelter:
"Call Shelter's free housing advice helpline on:
0808 800 4444
It's open 365 days of the year from 8am – 8pm on weekdays and 8am – 5pm on weekends.
Our housing experts will advise you, no matter what your housing situation. Our helpline does get busy, but keep trying if you can't get through."
Be aware that your son can challenge incorrect HB decisions.

There are a range of premiums which can attach to the applicable amount for Housing Benefit, one of these is the Severe Disability Premium. Here is some information on this -
"The Severe Disability Premium which is £61.85 per week for each person who qualifies and can be included if you (and your partner if you have one) receive a qualifying disability benefit (which includes the middle or the higher rate of the care component of DLA, either rate of the daily living component of PIP or either rate of Attendance Allowance); live alone (there are exceptions to this rule); and if no one is paid Carer’s Allowance for looking after you."
See https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/housing-benefit

If the SDA premium is now included in your son's Housing Benefit applicable amount it opens the opportunity for him to be awarded the 1 bed-roomed LHA rate rather than the shared accommodation LHA rate.

This is from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf
"Separate rules apply to: .......people under the age of 35 who have the Severe Disability Premium
included in their benefit – see paragraph 2.080......
........Severe Disability Premium included in benefit assessment
2.080 Under 35 year olds, single customers over 35 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. "

You can find the LHA rates by looking at: https://lha-direct.voa.gov.uk/search.aspx

You may wish to make your friend you works in the housing benefit office aware of this guidance manual!

On a different topic. Because your son's PIP award did not acknowledge his difficulties with anxiety and mental health (whereas I suspect it did accept physical problems i.e. walking), if he doesn't wish to appeal the current, then when the renewal comes up be sure that these difficulties are fully explained and evidenced on the renewal form.

acooper95 · 20 March 2017 at 10:13PM

Alice_Holt wrote: »

Have a look at https://england.shelter.org.uk/housing_advice/housing_benefit/shared_accommodation_rate_for_under_35s

Which states "If you are a single private renter under the age of 35, you are usually only entitled to housing benefit at the shared accommodation rate......Exemptions......
Housing benefit if you have a disability

You can claim the 1-bed rate of local housing allowance (LHA) if you are in self-contained accommodation and get any of the following benefits:

daily living component of personal independence payment (PIP)
attendance allowance
middle or high rate care component of disability living allowance (DLA)"

If you need to double check the information from the council it may be worth contacting Shelter:
Call Shelter's free housing advice helpline on:
0808 800 4444
It's open 365 days of the year from 8am – 8pm on weekdays and 8am – 5pm on weekends.
Our housing experts will advise you, no matter what your housing situation. Our helpline does get busy, but keep trying if you can't get through.

How annoying. Spoke to women this morning and said ' Hello, my son is in receipt of housing benefit and council tax support. He has now been awarded PIP (both DL and Mobility) and wish to check if he is entitled to any further help"

She confirmed his PIP award had been sent to the council and that he received the maximum housing £68 for shared and council tax support. No other financial help available.

Assuming they are incorrect?

Tommo1980 · 20 March 2017 at 10:33PM

If I understand correctly he has not been awarded SDP yet.

Once that is sorted then HB can be recalculated.

Tom

acooper95 · 20 March 2017 at 10:33PM

Alice_Holt wrote: »

Have a look at https://england.shelter.org.uk/housing_advice/housing_benefit/shared_accommodation_rate_for_under_35s

Which states "If you are a single private renter under the age of 35, you are usually only entitled to housing benefit at the shared accommodation rate......Exemptions......
Housing benefit if you have a disability

You can claim the 1-bed rate of local housing allowance (LHA) if you are in self-contained accommodation and get any of the following benefits:

daily living component of personal independence payment (PIP)
attendance allowance
middle or high rate care component of disability living allowance (DLA)"

If you need to double check the information from the council it may be worth contacting Shelter:
"Call Shelter's free housing advice helpline on:
0808 800 4444
It's open 365 days of the year from 8am – 8pm on weekdays and 8am – 5pm on weekends.
Our housing experts will advise you, no matter what your housing situation. Our helpline does get busy, but keep trying if you can't get through."
Be aware that your son can challenge incorrect HB decisions.

There are a range of premiums which can attach to the applicable amount for Housing Benefit, one of these is the Severe Disability Premium. Here is some information on this -
"The Severe Disability Premium which is £61.85 per week for each person who qualifies and can be included if you (and your partner if you have one) receive a qualifying disability benefit (which includes the middle or the higher rate of the care component of DLA, either rate of the daily living component of PIP or either rate of Attendance Allowance); live alone (there are exceptions to this rule); and if no one is paid Carer’s Allowance for looking after you."
See https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/housing-benefit

If the SDA premium is now included in your son's Housing Benefit applicable amount it opens the opportunity for him to be awarded the 1 bed-roomed LHA rate rather than the shared accommodation LHA rate.

This is from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf
"Separate rules apply to: .......people under the age of 35 who have the Severe Disability Premium
included in their benefit – see paragraph 2.080......
........Severe Disability Premium included in benefit assessment
2.080 Under 35 year olds, single customers over 35 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. "

You can find the LHA rates by looking at: https://lha-direct.voa.gov.uk/search.aspx

You may wish to make your friend you works in the housing benefit office aware of this guidance manual!

On a different topic. Because your son's PIP award did not acknowledge his difficulties with anxiety and mental health (whereas I suspect it did accept physical problems i.e. walking), if he doesn't wish to appeal the current, then when the renewal comes up be sure that these difficulties are fully explained and evidenced on the renewal form.

Apologies, read it wrong.

I shall inform them tomorrow of my son's SDP and get them to update it.

Do you know if the new LHA would be payable from say tomorrow, instead of backdate?

Thanks in advance.

acooper95 · 20 March 2017 at 10:37PM

Tommo1980 wrote: »

If I understand correctly he has not been SDP yet.

Once that is sorted then HB can be recalculated.

Tom

Thank you. Do you know if the new LHA amount would be backdated? Or would it be live from say tomorrow? The SDP was backdated from November.

Alice_Holt · 20 March 2017 at 10:49PM

acooper95 wrote: »

How annoying.........
..........Assuming they are incorrect?

Both pmlinyloo and I think your son should now get the 1 - bed rate rather than the LHA shared rate.

I have given you internet sources to back this up. When you contact the council tomorrow, I would quote these references and ask for the calculation to be passed to a more senior staff member to ensure the correct determination has been made.

In fairness HB is very complicated.
There are a few posters on here who are knowledgeable on HB, (HBO is one) if you post a new thread specifically on HB / PIP / under 35 shared accommodation rate vs 1 bed LHA rate you might catch their attention and get some helpful info / confirmation.

Alice_Holt · 20 March 2017 at 10:58PM

Tommo1980 wrote: »

If I understand correctly he has not been awarded SDP yet.

Once that is sorted then HB can be recalculated.

Tom

HI Tom,

I think the PIP award should trigger a SDP premium attaching to the HB applicable amount.

It doesn't necessarily need an ESA SDP payment to be in place, The PIP award would suffice (per the quote from carers uk I gave in an earlier post).

So, I think, the info the OP has been given from the council is incorrect.

Bw

acooper95 · 20 March 2017 at 11:21PM

Have done, thank you.

One last one, do you know if the new LHA amount would be backdated? Or would it be live from say tomorrow?

System · 21 March 2017 at 1:28AM

rockingbilly wrote: »

PIP/DLA = extra premiums if you don't want to work. A couple (no children) both claiming would be on over approx £600 a week if you include all benefits received

PIP isn't soley an out of work benefit. I claim it and i work (and yes the WP know i informed them of that fact at my asessment, still got awarded it). It means i can get tax credits as i am unable to work full time (not through lack of trying, longer hours either leaves me suicidal depressed or manically high to the point i'm now on the maximum dose of my mood stabiliser-its been quadrupled since feb)

acooper95 · 21 March 2017 at 11:30AM

Alice_Holt wrote: »

Have a look at https://england.shelter.org.uk/housing_advice/housing_benefit/shared_accommodation_rate_for_under_35s

Which states "If you are a single private renter under the age of 35, you are usually only entitled to housing benefit at the shared accommodation rate......Exemptions......
Housing benefit if you have a disability

You can claim the 1-bed rate of local housing allowance (LHA) if you are in self-contained accommodation and get any of the following benefits:

daily living component of personal independence payment (PIP)
attendance allowance
middle or high rate care component of disability living allowance (DLA)"

If you need to double check the information from the council it may be worth contacting Shelter:
"Call Shelter's free housing advice helpline on:
0808 800 4444
It's open 365 days of the year from 8am – 8pm on weekdays and 8am – 5pm on weekends.
Our housing experts will advise you, no matter what your housing situation. Our helpline does get busy, but keep trying if you can't get through."
Be aware that your son can challenge incorrect HB decisions.

There are a range of premiums which can attach to the applicable amount for Housing Benefit, one of these is the Severe Disability Premium. Here is some information on this -
"The Severe Disability Premium which is £61.85 per week for each person who qualifies and can be included if you (and your partner if you have one) receive a qualifying disability benefit (which includes the middle or the higher rate of the care component of DLA, either rate of the daily living component of PIP or either rate of Attendance Allowance); live alone (there are exceptions to this rule); and if no one is paid Carer’s Allowance for looking after you."
See https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/housing-benefit

If the SDA premium is now included in your son's Housing Benefit applicable amount it opens the opportunity for him to be awarded the 1 bed-roomed LHA rate rather than the shared accommodation LHA rate.

This is from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf
"Separate rules apply to: .......people under the age of 35 who have the Severe Disability Premium
included in their benefit – see paragraph 2.080......
........Severe Disability Premium included in benefit assessment
2.080 Under 35 year olds, single customers over 35 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. "

You can find the LHA rates by looking at: https://lha-direct.voa.gov.uk/search.aspx

You may wish to make your friend you works in the housing benefit office aware of this guidance manual!

On a different topic. Because your son's PIP award did not acknowledge his difficulties with anxiety and mental health (whereas I suspect it did accept physical problems i.e. walking), if he doesn't wish to appeal the current, then when the renewal comes up be sure that these difficulties are fully explained and evidenced on the renewal form.

Thank you - I will ensure the points that they missed will be brought up during the renewal.

Spoke to council this morning. They could not do anything until his SDP claim is showing on their system (It gets sent automatically). An award letter was sent to him but would rather get it done quicker! Argh.

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