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  • acooper95
    acooper95 Posts: 33 Forumite
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    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.

    Seems CAB haven't a clue either.
    tjth
    What would you like to chat to us about?: Benefits
    You have selected Benefits, now please provide your home postcode:: rgharga\
    Nigel 010(CAB Chat 1)
    Hi, my name is Nigel 010.
    Nigel 010(CAB Chat 1)
    How can I help you today
    tjth
    My son within the last week has been awarded standard rates of PIP (Both rates) and Severe Disability Premium. He also claims income bases ESA and is in the support group. Will he now be eligible for the 1 bed rate instead of the shared? I called up the council this morning and informed them of the PIP award and was told he gets the maximum amount already (Shared) and won't get any more?
    tjth
    He's 29 single and no children.
    Nigel 010(CAB Chat 1)
    I am going to look up some information for you, give me a few minutes
    tjth
    Thanks
    Nigel 010(CAB Chat 1)
    what type of accommodation does he live in, is it shared with another person
    tjth
    2 bed house alone. Currently received shared rate but now should get 1 bed rate
    Nigel 010(CAB Chat 1)
    How much Housing benefit is he paid, has someone advised you he should be getting 1 bedroom rate and if so who
    tjth
    Gov.uk website.
    tjth
    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.
    Nigel 010(CAB Chat 1)
    The shared accommodation rate is based on the age of your son and not the size of the property.
    Nigel 010(CAB Chat 1)
    Nigel 010(CAB Chat 1)
    I would advise you to contact an organisation called shelter, they are housing specialist and will be able to clarify where your son stands with this issue-details to follow
    Nigel 010(CAB Chat 1)
    SHELTER (HOUSING) 0808 800 4444 https://www.shelter.org.uk Supply housing advice on homelessness, private renting, social housing, housing benefit, tenancy deposits, repairs, energy costs, evection + more. Monday-Friday 9am-5.30pm
    tjth
    I have - They sent me to you. Seems no one has a clue.
    Nigel 010(CAB Chat 1)
    Ok you need to approach your local Citizens advice to look into the issue fully- I will send you contact details now ok
    tjth
    new appointment is 2 weeks
    tjth
    too long
    Nigel 010(CAB Chat 1)
    I'm sorry but there is no other way I can help you, they will look into the issue fully and advise you accordingly
    tjth
    Why cant you help me
    Nigel 010(CAB Chat 1)
    You will need an appointment as they may need to negotiate on your sons behalf
    tjth
    Read this https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf
    tjth
    Section 2.080
    Nigel 010(CAB Chat 1)
    one moment
    Nigel 010(CAB Chat 1)
    We are trying to locate the information
    tjth
    Sure
    tjth
    Use that link and go to 2.080
    Nigel 010(CAB Chat 1)
    We cannot find the information, sorry so please contact your local citizens advice for help
    tjth
    I've given you the link??
    tjth
    Page 30 of 85 paragraph 2.080. Not that hard
    Nigel 010(CAB Chat 1)
    I know but when we put in the link it says pages cannot be found, please contact your local Citizens Advice
    tjth
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf
    tjth
    2 week wait at local cab. I just want an answer
    Nigel 010(CAB Chat 1)
    We cannot find the information, you can challenge the decision if you wish but its states on our system that a person under 35 cannot get this. Your son could put in for a discretionary housing payment to help with rent initially. We cannot give you a definitive answer at time so I would attend the appointment

    I even gave him the gov.uk link and paragraph!
  • acooper95
    acooper95 Posts: 33 Forumite
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    Hi all,

    Quick update. Phoned council again and they told me previous advisers were looking wrong. He has been awarded the 1 bed rate and has a nice back payment coming his way from November.

    Thank you so much for everyone and their help!!!
  • Alice_Holt
    Alice_Holt Posts: 5,949 Forumite
    First Anniversary Name Dropper First Post
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    Going back to your OP - are you and your son happy with the standard PIP award?

    How many points were awarded for DL and what were the activities / descriptors?

    What other health conditions / disabilities does your son have (other than depression and anxiety)?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • acooper95
    acooper95 Posts: 33 Forumite
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    Alice_Holt wrote: »
    Going back to your OP - are you and your son happy with the standard PIP award?

    How many points were awarded for DL and what were the activities / descriptors?

    What other health conditions / disabilities does your son have (other than depression and anxiety)?

    To be honest, he's been awarded a lot and not sure if added stress of getting those points are worth it.

    He struggles mobility wise, so waist downwards he struggles with. Just disappointed they awarded 0 points on the planning and following journeys. And as per the original post, he should of got the budgeting points, monitoring health condition (I sort medicine out into dossette box and make prompt him to take them daily.

    So if got those points he would of got higher. But not sure if this will hinder his current claim.
  • acooper95
    acooper95 Posts: 33 Forumite
    Options
    Alice_Holt wrote: »
    Going back to your OP - are you and your son happy with the standard PIP award?

    How many points were awarded for DL and what were the activities / descriptors?

    What other health conditions / disabilities does your son have (other than depression and anxiety)?

    For DL he was awarded 8 points. 2 for food prep, for for washing and bathing, 2 for managing toilet needs and 2 for dressing and undressing.

    For mobility he was awarded 10 points for 20 meters no more than 50.
  • poppy12345
    poppy12345 Posts: 17,950 Forumite
    First Anniversary First Post Name Dropper
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    acooper95 wrote: »
    To be honest, he's been awarded a lot and not sure if added stress of getting those points are worth it.

    He struggles mobility wise, so waist downwards he struggles with. Just disappointed they awarded 0 points on the planning and following journeys. And as per the original post, he should of got the budgeting points, monitoring health condition (I sort medicine out into dossette box and make prompt him to take them daily.

    So if got those points he would of got higher. But not sure if this will hinder his current claim.
    If your son went for the MR then they would look at the whole award again which means it could stay the same, be increased or he could lose everything.
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