+1 in the household, effect on LHA band

overloaded75

xylophone wrote: »

Does he have any mental health problems or is he not fully capable of managing his own affairs?

I don't think he has mental problems although the events that have unfolded in the last few days have put a lot of stress on him. Losing place and job in 24 hours for the first time, no close relatives or friends around apart from me, and very very bad knowledge of the language have made it a bit harsh for him.

Fully capable of managing his own affairs obviously he's not, especially considering the language barriers, but I'm trying to help.

What kind of help would social services be able to offer. He should get to an English course first of all because without that everything is super-hard....

allison445

Could only find these details online
We do not make a deduction if the non-dependant is:
under 18 years old
getting pension credit (either kind)
(for Housing Benefit) under 25 years old and getting Income Support, income-based Jobseeker’s Allowance, is in the assessment phase of income related Employment and Support Allowance, or who has no earned income and is getting Universal Credit
(for Council Tax Reduction) getting Jobseeker’s Allowance Income Based, Income Support, Employment and Support Allowance income related any phase, or who has no earned income and is getting Universal Credit
a full-time student (except for Housing Benefit during summer holidays if they work 16 hours or more per week and both you/your partner are aged under 65)

overloaded75

allison445 wrote: »

Could only find these details online
We do not make a deduction if the non-dependant is:
under 18 years old
getting pension credit (either kind)
(for Housing Benefit) under 25 years old and getting Income Support, income-based Jobseeker’s Allowance, is in the assessment phase of income related Employment and Support Allowance, or who has no earned income and is getting Universal Credit
(for Council Tax Reduction) getting Jobseeker’s Allowance Income Based, Income Support, Employment and Support Allowance income related any phase, or who has no earned income and is getting Universal Credit
a full-time student (except for Housing Benefit during summer holidays if they work 16 hours or more per week and both you/your partner are aged under 65)

Thank you Alison. Somewhat confusingly, getting Contribution-based JSA does not seem to preclude one from applying for Universal Credit. The use of the word "may" is confusing, it doesn't explain whether one might be prevented from being accepted for Universal Credit because of an existing (successful?) CB JSA claim:

[useful freedom of information request - apologies I can't post links, but you can work it out]
[goo.gl 6Ob0wz]:
"It will not replace contributory Jobseeker's Allowance or contributory Employment and Support Allowance. A claimant may claim one of these benefits and receive this alongside Universal Credit if they wish."

overloaded75

Housing_Benefit_Officer wrote: »

One of the quirks of HB and LHA rates. Your HB will increase depending on the LHA rate so in this case a 3 bedroom LHA rate for a 2 bedroom property.

The usage of the word "quirk" seems to imply that one should be penalised for compressing into a two-bedroom house, rather than switching to a three-bedroom one?
Without even touching the subject that the three-bedroom LHA rate barely pays for a below-median two-bedroom.

pmlindyloo

Housing_Benefit_Officer wrote: »

1) A lodger doesn't increase the LHA as they aren't part of the claimants household.

2) A non dep will increase the LHA band.

3) He won't get HB for sleeping in the kitchen.

Is this link wrong then?

http://www.entitledto.co.uk/help/local-housing-allowance

It clearly states you would get a bedroom for a lodger.

I am confused about his not actually having a bedroom. Isn't a living room classed as somewhere to sleep?

Just asking

sangie595

I hate to throw a spanner in any works here but... he's just turned 23 and speaks very poor English.... so does he actually have recourse to the public purse? I don't have the benefits knowledge to know the answer, but it seems to me that nobody has picked up on the fact that it sounds like this relative is a migrant / immigrant, and the law around entitlement for foreign born nationals has changed a lot.

NYM

sangie595 wrote: »

I hate to throw a spanner in any works here but... he's just turned 23 and speaks very poor English.... so does he actually have recourse to the public purse? I don't have the benefits knowledge to know the answer, but it seems to me that nobody has picked up on the fact that it sounds like this relative is a migrant / immigrant, and the law around entitlement for foreign born nationals has changed a lot.

I think most did but have chosen to give general advice based on the OP's situation rather than that of the distant relatives entitlements.

overloaded75

sangie595 wrote: »

I hate to throw a spanner in any works here but... he's just turned 23 and speaks very poor English.... so does he actually have recourse to the public purse? I don't have the benefits knowledge to know the answer, but it seems to me that nobody has picked up on the fact that it sounds like this relative is a migrant / immigrant, and the law around entitlement for foreign born nationals has changed a lot.

He's a EU national, and has been working for 9 months. I doubt he doesn't qualify for public help at this stage, but I am open to comments as I prefer to be in the know, however harsh the situation might be.

How would speaking English affect his entitlement?

sheramber

some information here for those coming to the UK from EU

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/

overloaded75

sheramber wrote: »

some information here for those coming to the UK from EU

https://www.citizensadvice.org.uk/benefits/coming-from-abroad-and-claiming-benefits-the-habitual-residence-test/

Thank you. The link you provided indicates that three months residence are sufficient for someone who has never worked.

Considering this timeline:
He has been in the country since 01/2015, he has carried out some cash in hand / temporary jobs from 04/2015 to 07/2015, when he got a regular job being paid in a bank account. In 09/2015 he received a National Insurance Number and then he continued working until 03/2016, when he switched jobs, until losing it the new job last week.

Contribution-based JSA requires two years of contributions so I doubt it is applicable to his case.

Thank you for any further comments on this. We will be filling up an application for Universal Credit tomorrow so any last-minute comments will be really welcome.

Regards