Sister living with me.....How does that effect my HB claim?

Jummy

Hi!
My sister recently had to move in with me after the death of our mum.
I have done change of circumstance form so Council/Benefits know she is here.
My sister is claiming ESA (income related).
How will this change my HB and CT claim?
Thanks

daimonde

could do with a bit more info really ie your income, does she have any other income, does she have a component on her ESA, but....

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/what-you-can-claim-for/non-dependants/

...is a guide to non-dependants for HB/CTB & should help you find the answers.


for the CTB side -
"A deduction will not be made from your CTB if:
the non-dependant is receiving Pension Credit,Income Support or income-based JSA or income-related Employment & Support Allowance"

so you will lose a 25% single person discount if you have one on your council tax account, but if you're on full CTB now, you wont actually see any difference.

Jummy

Hi!
I'm claiming Carers allowance,Income Support,Tax Credits.
Sister is on ESA....no savings.

daimonde

ok, cant really say re the HB still but...

Non-dependant deductions from HB

Deductions are made from your HB for non-dependants aged over 18 who normally live with you. There are six levels of deduction. If the non-dependant is working less than 16 hours a week, the lowest deduction will apply. If the non-dependant is doing paid work for 16 hours or more a week, the level of deduction will depend on the non-dependant’s gross income. A deduction will not be made from your HB if:

the non-dependant is in receipt of Pension Credit
you or your partner are aged 65 or more and the non-dependant is a full time student,
you, or your partner, are registered blind or treated as blind (see page 69 or 71 for an explanation of being treated as blind) or
you, or your partner, are receiving the care component of Disability Living Allowance or Attendance Allowance in respect of yourself or your partner or
the non-dependant is aged 16 or 17 or the non-dependant’s normal home is somewhere else or
the non-dependant is in receipt of a training allowance or a YTS scheme or
the non-dependant is a full-time student (but deductions may be made during the summer vacation if the student does any paid work in this period) or
the non-dependant is a prisoner or
the non-dependant has been a patient in hospital for 52 weeks or more. If the non-dependant leaves hospital but is readmitted to hospital within 28 days their total number of days in hospital are added together
The non-dependant is in receipt of ESA(IR) which does not include a component.

A deduction may be delayed for 26 weeks if you or your partner are aged 65 or more and a non-dependant moves into your home

if you're not covered by the above, you may end up having a deduction of £11.45 a week from your HB.

anguk

Jummy wrote: »

Hi!
I'm claiming Carers allowance,Income Support,Tax Credits.
Sister is on ESA....no savings.

If you're claiming Carers Allowance the person you're caring for will be in receipt of DLA care component, do they live with you? When my adult son was living with us our housing benefit wasn't reduced because my husband was in receipt of DLA middle rate care.

Jummy

Quote:
Non-dependant deductions from HB

Deductions are made from your HB for non-dependants aged over 18 who normally live with you. There are six levels of deduction. If the non-dependant is working less than 16 hours a week, the lowest deduction will apply. If the non-dependant is doing paid work for 16 hours or more a week, the level of deduction will depend on the non-dependant’s gross income. A deduction will not be made from your HB if:

the non-dependant is in receipt of Pension Credit
you or your partner are aged 65 or more and the non-dependant is a full time student,
you, or your partner, are registered blind or treated as blind (see page 69 or 71 for an explanation of being treated as blind) or
you, or your partner, are receiving the care component of Disability Living Allowance or Attendance Allowance in respect of yourself or your partner or
the non-dependant is aged 16 or 17 or the non-dependant’s normal home is somewhere else or
the non-dependant is in receipt of a training allowance or a YTS scheme or
the non-dependant is a full-time student (but deductions may be made during the summer vacation if the student does any paid work in this period) or
the non-dependant is a prisoner or
the non-dependant has been a patient in hospital for 52 weeks or more. If the non-dependant leaves hospital but is readmitted to hospital within 28 days their total number of days in hospital are added together
The non-dependant is in receipt of ESA(IR) which does not include a component.

A deduction may be delayed for 26 weeks if you or your partner are aged 65 or more and a non-dependant moves into your home
if you're not covered by the above, you may end up having a deduction of £11.45 a week from your HB.




My sister is not getting any component..she is on basic rate as she is still in the asessment phase.
Today i have received a £500 CT bill and my rent has increased to over £28 a week.
So is this wrong.....i should not be paying anything extra for my sister while she is claiming basic rate ESA?

Jummy

I'm still having problems sorting this......
Can anyone confirm that i should not have to pay any extra on my HB/CT while my sister is claiming Basic rate ESA (no components)?
The council are still saying i have to pay and when i say that she is on ESA (no components) their system is telling them i still have to pay extra.
Sister is 41 yrs old if that makes any difference.

sleepless_saver

OK, this link is to the definitive DWP guidance on housing benefit and treatment of non dependants. Suggest you print it off and take it to council to argue the point. Get help from CAB or welfare rights (or try local councillor) if necessary.

It states clearly that if she is on IR ESA and not receiving a component then no deduction should be made from your housing benefit or council tax benefit.

Jummy

sleepless_saver wrote: »

OK, this link is to the definitive DWP guidance on housing benefit and treatment of non dependants. Suggest you print it off and take it to council to argue the point. Get help from CAB or welfare rights (or try local councillor) if necessary.

It states clearly that if she is on IR ESA and not receiving a component then no deduction should be made from your housing benefit or council tax benefit.

I phoned the council again today and have now been told that because my sister is over 25 i have to pay the extra...although i still cant see that written anywhere about being over 25.

daimonde

i think you're a victim of a typo possibly here. that 'definitive' guidance which i also quoted earlier in the thread, isnt the same as the actual HB guidance manual nor is it the same as the legislation.

the actual guidance here - http://www.dwp.gov.uk/docs/hbgm-a5-calculating-benefit.pdf

says -

Housing Benefit
5.504 A non-dependant deduction is not made in the following circumstances
• claimant or their partner is
- blind or treated as blind, and is or was registered as blind by the LA, or
- receiving
~ the care component of Disability Living Allowance (DLA) at any rate, or
~ Attendance Allowance (AA)
• non-dependant is
- living or staying with the claimant but, in the LA’s opinion, the non-dependant’s normal
home is elsewhere, see Deciding the non-dependant’s normal home below
- receiving a Youth Training allowance paid in connection with a Youth Training Scheme,
eg YTS or Work-based Learning for Young Adults courses
- a full-time student. For the definition of full-time student, see C2 Student claims later
in this manual. Normal rules apply during the summer vacation if the student is in
remunerative work
- aged 16 or 17 years
- a hospital in-patient for more than 52 weeks
- a prisoner
- aged less than 25 and receives IS, JSA(IB) or the assessment phase of ESA(IR)
- in receipt of Pension Credit

its pretty poor that the two DWP pages contradict each other.

the regulations dont mention ESA.
http://www.legislation.gov.uk/uksi/2006/213/regulation/74/made

basically the deduction appears to be correct.

sleepless_saver

daimonde wrote: »

its pretty poor that the two DWP pages contradict each other.

the regulations dont mention ESA.
http://www.legislation.gov.uk/uksi/2006/213/regulation/74/made

basically the deduction appears to be correct.

The regulations you quote are dated 2006 and are the original versions and predate ESA, so won't mention it. There have been a number of subsequent amendments to these regulations.

Annex A of your other link to the "actual guidance" deals with non dependant deductions and says this is nil for ESA (IR).

So I'm sticking with my original advice.
ETA at least for now!