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

tboo

From the DWP circular we use at my council

http://www.dwp.gov.uk/docs/a1-2012.pdf

page 16

In receipt of main phase ESA(IR) 11.45

Jumbo_Cod

I wouldn't rely on advice too much here except for the most basic things.

The best thing you can do is go down to your town hall or call the benefits department and inform them EXACTLY of the situation and what has changed.

That's the only way you'll know you're doing the right thing and get the correct answer. This stuff is too complicated to sort out by surfing the internet, especially as many links people post only address part of the law.

sleepless_saver

Jumbo_Cod wrote: »

I wouldn't rely on advice too much here except for the most basic things.

The best thing you can do is go down to your town hall or call the benefits department and inform them EXACTLY of the situation and what has changed.

That's the only way you'll know you're doing the right thing and get the correct answer. This stuff is too complicated to sort out by surfing the internet, especially as many links people post only address part of the law.

That's fine in theory, but when I looked at a couple of council websites, one made a deduction for IR ESA, the other didn't. So there is no guarantee of getting the right answer there.

On the other hand, the DWP technical guidance should be based directly on the current secondary legislation. While it is no substitute for expert face to face welfare rights advice which is what the OP should get if she still has problems, it is a good starting point.

allen35

How long has your sister been on ESA and it is relevant if it's contribution based ESA.



For Housing Benefit:There shouldn't be any non dep' deductions for people on the assessment phase of Income Related (IR) ESA regardless of age, only people on main phase ESA which would include a component such as WRAG or Support and over 25 would incur an £11.45 reduction in HB. If on Contribution Based (CB) ESA the same will apply, £11.45

If your sister receives £71 she is still in the assessment phase and there should be no deductions to your HB/CTB unless it's contribution based.

For Council Tax Benefit: This won't be affected as long as she is on (IR) ESA regardless of her age and what group she is placed in after the 13 week assessment. CB ESA incurs a £3.30 reduction in Council Tax Benefit.

Put a letter together explaining the circumstances and why you disagree with the decision.

Jummy

allen35 wrote: »

How long has your sister been on ESA and it is relevant if it's contribution based ESA.



For Housing Benefit:There shouldn't be any non dep' deductions for people on the assessment phase of Income Related (IR) ESA regardless of age, only people on main phase ESA which would include a component such as WRAG or Support and over 25 would incur an £11.45 reduction in HB. If on Contribution Based (CB) ESA the same will apply, £11.45

If your sister receives £71 she is still in the assessment phase and there should be no deductions to your HB/CTB unless it's contribution based.

For Council Tax Benefit: This won't be affected as long as she is on (IR) ESA regardless of her age and what group she is placed in after the 13 week assessment. CB ESA incurs a £3.30 reduction in Council Tax Benefit.

Put a letter together explaining the circumstances and why you disagree with the decision.

My sister has been claiming IR ESA for 11weeks...£71 a week.