Housing Benefit and Non Dependents

Annoymiss

My mother and father have recently made their first ever claim for housing benefit and council tax reduction. They were awarded both.

My mother is disabled and my father is elderly and ill. Mother on DLA and father on AA

I live with them both so am considered a non dependent. Due to recent circumstance I have been off work looking after them but am returning to work in a few weeks time.

From what I have read online someone in receipt of AA and DLA are exempt from non dependent deductions. Which I assume to mean that my earnings do not effect my parents claim for housing benefit regardless of whether I work less than 16 hours or more. My income is irrelevant because they are exempt from this deduction.

I informed the council of this and they have confirmed what I have said is true. As they are in receipt of DLA and AA they make no deductions for a non dependent who lives with them. However they would 'still need' a copy of my employment contract and earnings for 'informational purposes'? Do they have a right to ask for this information even though my parents are exempt and my earnings do not effect their benefit entitlement? I consider my contract of employment to be private.

If they do not intend to use this information to make a non dependent deduction then what is the purpose of it? I contacted another organisation and was told I do not have to provide this information as my parents are exempt however the council are claiming to still need it for informational purposes?

Can anyone tell me where I stand here? Can I refuse to give them this information if my earnings are irrelevant to my parents claim for housing benefit?

Annoymiss

No rent arrears or council tax owed. We was always in credit and paid in full every month. Prior to my parents becoming to ill / elderly to work.

This is the first housing benefit claim they have ever made. If they are exempt from non dependent deductions then surely they cannot ask to see information relating to taking a deduction?

They use your income to assess how much you have to pay towards rent or council tax. So if no payment is needed because they are exempt from this then surely you don't have to provide this information. The council have confirmed they are exempt.

fed_up_and_stressed

Ask them what informational purposes

as under data protection act (3rd principle)

"Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed."

This is the third data protection principle. In practice, it means organisations should ensure that:

They hold personal data about an individual that is sufficient for the purpose they are holding it for in relation to that individual; and
They do not hold more information than they need for that purpose.

As your earnings are irrelevant to their h.b claim advise them if they need this clarifying the housing benefit assessor needs to have a little chat with their councils data protection officer who will be aware of the above.

dippy3103

bigbill wrote: »

They want to see if you own rent arrears / council tax arrears anywhere else, tell them to fcuk off.

Because that will help. Why be so rude?

I would write in advising that as your income is not taken into account, then they don't need proof of it.

[Deleted User]

I would just provide what they request on the basis of if people want benefits i.e. your parents then they/you should jump through the hoops.

baza52

venison wrote: »

I would just provide what they request on the basis of if people want benefits i.e. your parents then they/you should jump through the hoops.

Then you are a fool.
All the OPs parents have to do is write to HB saying they not including proof of earnings as they are in receipt of DLA and there are no non dependant deductions taken from their benefit.

Had the same thing a few years ago and it was straightforward.

Housing_Benefit_Officer

If a claimant doesn't provide proof of non deps income then we just input £999.99 per weeks as income so it takes the maximum non dep deduction - if they did this for your income it wouldn't take any non dep deduction due to the AA/DLA award.

They can't ask you for proof as it isn't your claim - they can ask your parents to provide proof - you don't have to provide it. Normally it would be beneficial for your parents to provide it as it would result in the correct non dep deduction - but in their case this would be irrelevant as no non dep deduction would apply.

Here are some guidance notes on this issue:-

5.550 The claimant is responsible for providing the relevant information. If no, or inadequate,
information about the non-dependant’s gross income is provided, the highest deduction should
only be made after considering all the available relevant facts and evidence.
Commissioner’s decision CH48/2006

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236954/hbgm-a5-calculating-benefit.pdf