HB/ESA and Severely Disabled Premium - advice needed

tinselworm

Hello,

Can someone please advise me on Severe Disability premiums?

I am in receipt of the higher rate care and mobility components of DLA. As such I get the severe disability premium of £59-something added to my ESA, plus the £15.15 extra premium for the disabled person's income guarantee.

However, when researching housing benefit today for a possible house move, it also says that the disability premium should be added to your housing benefit.

My question is: Should it be added to both benefits, or is this something you only get once? ie, if you're receiving it as part of your ESA, can you also get a premium on top of your HB?

Currently my rent is covered in full by the LHA, so I suppose a premium wouldn't be added anyway, but if I were to move to a property where my full rent was not covered, would I receive the disability premium on my HB? Or do I not get anything on my HB because I'm already receiving it on my ESA, ie, it's something you can't receive twice?

The information is very confusing and I can't seem to find the answer to it anywhere - does anyone know the answer to this?

Additionally. If I were to move to a two bedroomed flat, since I am deemed by the DLA folks as in reasonable need of a carer overnight, would I be able to claim the LHA rate for a 2-bed flat despite being a single person? Again, the information is very confusing.

This is all private rented accommodation, not LA.

Many thanks for any help you can give.

tomtontom

The SDP is added to your applicable amount, not the amount you will receive. You will still only be entitled to the relevant LHA rate for your area.

You will be entitled to the two bed rate if you regularly have a carer overnight. Most LAs will require proof of this - invoices for example. If not you will be entitled to the one bed rate.

tinselworm

tomtontom wrote: »

The SDP is added to your applicable amount, not the amount you will receive. You will still only be entitled to the relevant LHA rate for your area.

I'm sorry, perhaps I'm being dim but I don't understand what this means, can you explain further? What is an 'applicable amount' ? I know what the LHA is. The LHA for a single person for the flat I am considering (and it is kind of hobson's choice due to my situation) does not cover the rent.

The one I am in currently is covered in full by the LHA so I suppose I wouldn't get any premiums here anyway because you can't be paid more than the full rent in HB.

You will be entitled to the two bed rate if you regularly have a carer overnight. Most LAs will require proof of this - invoices for example. If not you will be entitled to the one bed rate.

OK, thank you.

I don't have one at the moment since I only have a one bedroomed flat and nowhere to put one so I don't have any proof to show the council. It's a bit of a chicken and egg situation I suppose - I can't prove I need the extra room if I haven't already got a carer, which I don't have because my flat isn't big enough...

HOWMUCH

Who is providing your current night time care?

tinselworm

Nobody currently, because I don't have anywhere to put anyone (I live in a 1-bed flat). I have only just recently been awarded DLA so am looking into it all for the first time and it's all very confusing! But I have been awarded the highest rate care which means that I theoretically could pay for someone to come in at night if I had somewhere to put them, hence the thought about whether I would be eligible for the extra room.

Indie_Kid

The severe disability premium within HB isn't extra money paid to you. You have an applicable amount, which is the amount the law says you need to live on, which depends on things like age and disability.

tinselworm

Right. But when my DLA was awarded, my ESA went up - it more or less doubled. It states in the letter that the ESA payment is made up of the ESA, the Severe Disability Premium of £59-something and the £15.15 because of the disabled income guarantee, or something. So I did get extra because of it.

nannytone_2

you get extra in your ESA,
because of your DLA award you also get an addition premium for housing benefit ... as stated this isnt a 'cash' amount.
it merely means that the amount you need to live on is increased, and as such, means that your extra income isnt taken into consideration when calculating your housing benefit.
it does not mean you are entitled to an extra amount of HB, just that they allow you to have a higher amount of income before they start reducing housing benefit

tinselworm

OK, thank you, that makes a bit more sense. The information that agencies and councils put out online is very confusing. Everything I've read about the premium in relation to housing benefit states 'You can get extra if...'; extra would imply that you get the premium added to the amount they pay you in HB.

Like I said I'm getting the full amount of LHA here and that covers all my rent, but wherever I end up moving to it invariably won't, so I was just trying to make the figures add up. Seems they don't/can't, unless I'm entitled to claim the rate for a 2-bed place, which unless I provide proof that I currently *have* a carer (which I don't, because I have nowhere to put one, chicken and egg situation), I won't?

Thanks for the advice, I'm in a bit of a sticky situation here and I'm trying to get all my ducks in a row and make the best of it.

pmlindyloo

tinselworm wrote: »

OK, thank you, that makes a bit more sense. The information that agencies and councils put out online is very confusing. Everything I've read about the premium in relation to housing benefit states 'You can get extra if...'; extra would imply that you get the premium added to the amount they pay you in HB.

Like I said I'm getting the full amount of LHA here and that covers all my rent, but wherever I end up moving to it invariably won't, so I was just trying to make the figures add up. Seems they don't/can't, unless I'm entitled to claim the rate for a 2-bed place, which unless I provide proof that I currently *have* a carer (which I don't, because I have nowhere to put one, chicken and egg situation), I won't?

Thanks for the advice, I'm in a bit of a sticky situation here and I'm trying to get all my ducks in a row and make the best of it.

You are certainly entitled to have an extra bedroom for a carer as you meet at least one of the criteria - being on high rate DLA.

The best thing to do is to find someone who would be willing to act as your carer (on a regular basis) and stay overnight when you move into a 2 bed place. Have you someone who would fulfil that role?

Your council will expect evidence that your carer will be using the spare bedroom on a regular basis. You need to ring your council and ask what evidence they would want. e.g a letter from the carer?

tinselworm

I don't really - no friends/family in the area who would fulfil that - I would have to employ someone, which brings problems, because I have nowhere to put them in my current flat. So I do not currently have space for one, hence no evidence of using one to give to the council to confirm my entitlement to the 2 bed rate.

I did try to ask the council for advice on this issue. I called the housing benefit department on Friday (typically, all these things happen on a Friday!) and was told that they couldn't advise me over the phone and I would have to write in. They don't have an email address, only an online form, so I've submitted my query there, but they say it could take 10 working days to get back to me and someone on another forum suggested I tried here for advice.

My situation is as follows. It's very complicated.

I am being evicted from my current flat because my landlord is selling it (I know my rights, and have taken advice from Shelter, so that isn't what I need help with), hence the need to move (because I know someone will say 'why are you moving from a flat where all your rent is covered?')

I am on disability benefits (ESA plus the premiums, high level everything DLA) and in receipt of HB. Consequently, no letting agent will touch me with a bargepole because I am on benefits and I can not find a private landlord even though I am advertising like mad on Gumtree.

I have some small grace in my current letting agent, who is able to see past the fact that I am on benefits as he knows I have been a reliable tenant here and he is willing to work with me and is trying to help me find somewhere else before time runs out.

However, the only property he has available to offer me is a 2-bedroomed flat.

If I were to take this flat - and the alternative currently is homelessness, as far as I can see - this would leave me with a huge shortfall every month to make up. I can I no way afford this. It would eat up all my money and leave me nothing to live on.

The only option I can see is if I am entitled to claim the rate for a 2-bed because the DLA folks deem me in reasonable need of care overnight. It's a loophole, admittedly, but my situation is fairly desperate. I would still have a shortfall, but one I could manage.

I am not currently receiving care overnight, but this is primarily because I have nowhere to put anyone because my current flat is a 1-bed. So the two issues are related. Would demonstrating that I am in need of care overnight but don't currently have it because of space limitations be enough to satisfy the council?

All literature I have read suggests that I might very well be entitled to claim the LHA rate for a 2-bed flat because of my DLA entitlement and my medical condition, but I am on a time deadline here, one that will not wait for the council to get back to me, and I do not want to take this flat if I am at risk of *not* being entitled to the higher rate LHA, because that would bankrupt me.

The problem is twofold, really: One, that I do need someone here overnight but I can't take the risk of moving to somewhere where that would be possible in case i'm *not* allowed the higher LHA rate because I haven't got proof that I've *had* care overnight in the past, and two) that I need to move and can't and this flat may be the solution *if* I can get the higher rate to make it affordable. I know the two issues muddy each other somewhat.

Suggestions?