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I don't know what to do

New here, and am hoping for some advice.
I am 58 and my husband is almost 60 and my carer, I get EASA, DLA and he gets carers allowance. Plus I get HB & CTB.
Our son is 32, and moved out some six years ago.
Sadly, he has hit hard times and is no longer able to meet the rent of his shared flat, he is working but his income has now been substantially reduced, even with any housing benefit he won't be able to afford it.
He has asked if he can come home to live here, hopefully for the short term, but who knows.
We have agreed in principle, and have told him that he will need to buy his own food, and basically live as a lodger, as I don't want to take any money from him, as I know he can't afford it. Basically he will be paying his own way, and live in his old room.
My concerns are that I am afraid that my benefits will be affected, and even though we are taking no money how do we approach this, as a family member is there any allowances made by the DWP. At the moment I am having to pay the extra room tax any way, and rather than rock the boat I would prefer to leave things as they are.
I am finding this decision very stressful, as I don't want to be accused of benefit fraud if he will be classed as a lodger, as I will be no better off, clearly I don't want to lose any benefits.
My housing association have confirmed that they are happy for him to come home.
Any advice would be welcome, I am in such a muddle, as obviously I don't want him to be homeless, but the situation is dire now. He has checked the "Turn to us" website, and he would not be entitled to any help as a single guy, as he is just over the allowable limit.
Thank you!
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Comments

  • harrys_dad
    harrys_dad Posts: 1,997 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If he came to live with you he would be classed as a "non-dependent adult". There would be deductions from your benefits for this, but I do not know how much, as it depends on his income. The lower his income the lower the deduction. You could find out his income (even if it is only JSA) and then use the turn2us website to see what the impact will be on your benefits.

    At the very minimum he should then pay you the amount your benefits have been reduced from his income.
  • chrisbythesea
    chrisbythesea Posts: 49 Forumite
    edited 3 June 2013 at 4:04PM
    If you have one spare room then the 14% housing benefit cut will no longer apply. Check your local authority site for details.
  • harrys_dad wrote: »
    If he came to live with you he would be classed as a "non-dependent adult". There would be deductions from your benefits for this, but I do not know how much, as it depends on his income. The lower his income the lower the deduction. You could find out his income (even if it is only JSA) and then use the turn2us website to see what the impact will be on your benefits.

    At the very minimum he should then pay you the amount your benefits have been reduced from his income.

    Thank you, but as I said he won't be giving me anything, so how would I prove this to DWP.
  • Wicked_witch
    Wicked_witch Posts: 722 Forumite
    Part of the Furniture
    Actually, getting Dla care component should prevent any non-dependant deductions, so check with the council re HB and CTB. Regarding ESA I don't know, it will probably depend on whether it is income or contributions based.

    http://www.york.gov.uk/info/200642/welfare_benefit_changes/721/welfare_benefit_changes/4

    This is York council, but it should be the same everywhere.
  • Morlock
    Morlock Posts: 3,265 Forumite
    Thank you, but as I said he won't be giving me anything, so how would I prove this to DWP.

    It doesn't matter that he isn't paying you, the expectation is that if he is living in the property, he should be contributing. Therefore, your benefits will be reduced accordingly, unless you are exempt from non-dependent deductions.
  • Torry_Quine
    Torry_Quine Posts: 18,892 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Thank you, but as I said he won't be giving me anything, so how would I prove this to DWP.

    DWP aren't really interested in whether he does give you the money they have set amounts and will use those figures.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • londonbabe73
    londonbabe73 Posts: 186 Forumite
    It doesn't matter if he doesn't give you anything the dwp would expect him to contribute as he is an adult thus no one lives for free they will ask for his wage slips and then make an assessment as to how much he should be paying they have a sliding scale depending on his income so if you decide not to charge him it's irrelevant you will still be liable to pay the shortfall but the upside is it will be cheaper than him living on his own .
  • londonbabe73
    londonbabe73 Posts: 186 Forumite
    Actually yes I agree with wicked witch if you are getting dla there should be no non dep charge which I personally don't agree with but those are the rules
  • Actually yes I agree with wicked witch if you are getting dla there should be no non dep charge which I personally don't agree with but those are the rules

    So in theory he could share my care, although my husband is the only one who would claim the carers allowance. That would actually help, because my husband does struggle with a 24/7 job and it would alleviate that pressure, my son would be more than happy to do that. Would that be allowed?
  • Torry_Quine
    Torry_Quine Posts: 18,892 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    So in theory he could share my care, although my husband is the only one who would claim the carers allowance. That would actually help, because my husband does struggle with a 24/7 job and it would alleviate that pressure, my son would be more than happy to do that. Would that be allowed?

    As he isn't claiming carer's allowance whether he helps care for you is irrelevant.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
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