Brother told not eligible for housing benefit or to go on housing list.

charliewocka

Quick update:


I moved back to the UK in September 2013 (I'm British citizen) having lived over in Ireland for 5 years (I actually grew up there but did my third level education over in the UK and then moved back when my UK based company transferred me over there and then back to the UK). My brother is 25 and has lived with me for 5 years now. He has Aspergers and I am classified as his carer. He moved to the UK with me (he is an Irish citizen) for a fresh start and to try to gain employment.


The Aspergers was diagnosed last year in the UK and we have support from our local mental health team as a result. HE has been approved for ESA and PIP, and also works part time within the allowed hours. The community mental health team helped him apply to go on the housing list with the local authority and to try to claim housing benefit and council tax credits. The application was submitted in October (took him ages to do it) and I have been forcing him to chase up on this the past month as we have heard nothing back.


He called to day and has been told that as he hasn't lived in the UK for 2 years he is not eligible for any help at all. Does that sound correct? He lives full time with me, I pay bills and standard council tax (rent is £1395 and council tax £120 per month). The stress of caring for him has been affecting my health and relationship and we know that from his independence perspective he can't live with me forever so I'm totally confused and annoyed at this.


I work full time, cannot claim any carers benefits and so am expected to provide all this?


Community mental health team will be looking into this, but I'm struggling financially as it is. I can't have my brother on the tenancy agreement for the house I'm in as he doesn't understand the legal implications of it (although he is listed as a tenant if that makes sense).


Any advice on this?

[Deleted User]

I suspect it comes under the "habitual residency"test,i assume it was eire and not n.ireland?

charliewocka

Yes, but this is now his residence. He gets his support and care from me, works here, has all bank accounts etc.


I'm not sparking anything off on a debate, but how do some come to the UK and qualify for housing/benefits etc? I'm concerned because sometimes I am tempted to ask him to leave the house because of the stress but I am concerned about what would happen as he is a vulnerable adult and I don't want him to be on the streets, but I also struggle to have him living with me full time (and it's not something that either of us want in the long term)

rogerblack

What do you mean by 'classified as his carer'.

My guess is that he's failed one or more of the habitually resident tests.
http://www.housing-rights.info/03_1_2_Housing_benefit_law.php#persons-from-abroad

People from abroad are not automatically qualified for UK benefits - your brother falls into pretty much exactly as someone in the same circumstances from poland.

As I understand it for 'economically inactive' individuals, this may be considerably more complex for purposes of HB.

It is possible that this has already in fact been looked into and determined positively for ESA.
If so - you would just need to get the two sides joined up.

Having the actual refusal letter would probably be useful.

charliewocka

I am regarded as his carer by our local authority and community mental health care team, as I need to help him to come to decisions, ensure he understands a situation, help him budget, plan routines etc. Because he has cognitive reasoning issues and communication issues he needs this support.


He has been receiving ESA and PIP for months now, so I'm just confused as to how he would be eligible for this and not for housing, or even to be placed onto the housing waiting list for a suitable property (his support team are backing him to try to get a place in assisted living or supported living property).

charliewocka

rogerblack wrote: »

What do you mean by 'classified as his carer'.

My guess is that he's failed one or more of the habitually resident tests.
http://www.housing-rights.info/03_1_2_Housing_benefit_law.php#persons-from-abroad
Having the actual refusal letter would probably be useful.

Thanks for this. He is normally resident in the ROI so I presume that part one of the habitual residency would apply in his case:


"the claimant is a person from abroad if he/she is not habitually resident in the UK, Channel Islands, the Isle of Man or the Republic of Ireland".


We have asked when the letter of refusal was sent but they can't answer this, and are only saying it would have been sent out following the decision. Hmmmmm, more telephone calls and digging to get to the bottom of this!

pmlindyloo

Two separate parts to this.

First of all currently he is living with you and from what you have said is not 'liable' for the rent. Therefore he is not eligible for HB/CT reduction because he is living with a member of the family. He is your non dependent.

I believe the question of being here for 2 years is to do with his being unable to get assistance with council/social housing.

See here:

http://www.homeless.org.uk/sites/default/files/site-attachments/EEA%20Entitlements%20guidance%20June%202014%20FINAL.pdf

Since he is receiving income based ESA then he has passed the habitual residency test and therefore should be eligible for HB at the shared room rate if he found his own place.

I suspect that there has been a bit of a muddle with understanding what you have been told.

To apply for HB in his own place he would need to show the council a tenancy/lodger agreement to prove he was liable for rent. You can look up his local housing allowance for shared accommodation rate on your local council website.

Does he receive personal Independence Payment? Google for the descriptors to see if he 'fits' any of them.

As regards your supporting him financially, since he works and claims ESA then he should be contributing to the household.

Edit (just seen the extra information)

He may be entitled to the one bed rate of housing allowance if he is receiving the correct level of PIP ( check on your local council website)

MissMoneypenny

flosswoss21 wrote: »

I moved back to the UK in September 2013
My brother is 25 and has lived with me for 5 years now.
He moved to the UK with me (he is an Irish citizen)


The Aspergers was diagnosed last year in the UK and we have support from our local mental health team as a result. HE has been approved for ESA and PIP,

He called to day and has been told that as he hasn't lived in the UK for 2 years he is not eligible for any help at all. Does that sound correct?

I don't know about housing benefit, but that "have been in Great Britain for at least 2 of the last 3 years" is for PIP.
https://www.gov.uk/pip/eligibility

As your brother only moved to Great Britain in September 2013, how is he claiming PIP?

charliewocka

MissMoneypenny wrote: »

I don't know about housing benefit, but that "have been in Great Britain for at least 2 of the last 3 years" is for PIP.
https://www.gov.uk/pip/eligibility

As your brother only moved to Great Britain in September 2013, how is he claiming PIP?

Hi MissMoneypenny, He was told to apply for ESA and PIP by the CMHT who helped him with the applications and submitting them (they provided letters of support as required) - I don't know the background to all the requirements as before he was diagnosed with the Aspergers I was providing for him financially in all aspects, so only began to claim for the benefits from diagnosis.


Thanks for the info pmindyloo - I agree, perhaps I haven't fully understood this (sounds like the brother has misunderstood and communicated to me incorrectly). I'm going to call his support team and see if we can go through what is happening to iron it all out.


Things very stressful at home at the moment!


Thanks for everyone's advice

helping_hand2014

rent is £1395? is it a 5 bedroom house lol

Marmiter

Is the tenancy solely in your name?
If so, then he is considered as living with a close relative so can't claim HB.

You could claim second adult rebate, which is effectively getting the 25% discount on your council tax.