non dependant

greengekko

Hi I have an 18 year old daughter living at home with me.she has been classed to ill to get job seekers allowance and not ill enough to get esa thanks to atos what I would like to know if shes not getting any money will that affect my rent rebate will I have to pay more rent because my daughter is not working thanks

HappyMJ

greengekko wrote: »

Hi I have an 18 year old daughter living at home with me.she has been classed to ill to get job seekers allowance and not ill enough to get esa thanks to atos what I would like to know if shes not getting any money will that affect my rent rebate will I have to pay more rent because my daughter is not working thanks

If she's not ill enough for ESA then she can claim JSA. There is no in between. She can seek work that fits around her illness and if offered a job that is close but is too much for her illness then if a sanction applies for refusing that job then she can appeal the decision.

Once she's claiming JSA then she will have to contribute towards the rent, or more in reality the household expenses as everyone else does, from her JSA payment. This then has the effect of reducing your own personal spend on the household expenses and you have a little spare to contribute towards your own rent.

daimonde

as above she should be looking at JSA if ESA is not an option.

its also in your best interests. there will be a deduction from your HB of £11.45pw if she is not receiving ESA/JSA & they agree / you provide evidence that she has no income.

however, if she does receive JSA there would be no deduction.....


Housing Benefit
5.504 A non-dependant deduction is not made in the following circumstances
• non-dependant is aged less than 25 and receives IS, JSA(IB) or the assessment phase of ESA(IR)
http://dwp.gov.uk/docs/hbgm-a5-calculating-benefit.pdf

Horseunderwater

Why did she fail the WCA for ESA? Did you appeal at the time?

rogerblack

Echoing the submarine equines point - you can appeal against the decision not to grant ESA, up to 13 months later, if you have good cause.
(clearly appealing within the one month is wise, as you don't then risk a possible rejection of your right to appeal).

As I understand it, JSA cannot be refused, on the grounds of health, as long as the person has some prospect of finding work over 16 hours.
They can be sanctioned, if they cannot comply with jobseeking directions, and if they are unfit more than 2 weeks a year, their claim can be halted.
But if you comply with all directions, you are entitled to JSA.

If the ESA refusal was made over 6 months ago, you can immediately reapply for ESA, and be paid at the assessment rate.
Especially if the condition has worsened, this may be appropriate to do before late appealing the earlier decision.

Understand the ESA descriptors, and provide as much evidence of them applying as you can, ideally with the ESA application.
http://www.tameside.gov.uk/esa/wca