Housing Benefit LHA shared or 1 bed rate

daphnemoon

Hi there,
I've searched a number of times and cant find an answer so im hoping someone can help me!
My friend gets PIP care enhanced rate and ESA, the council have awarded her housing benefit at the shared bedroom rate. She is over 35 and house shares with a joint tenant, not relatives, a two bedroom house. The HB was awarded when she was on DLA middle rate.
I think as she is on PIP she should be awarded the 1 bedroom rate?
Am I correct?
Thank you for the help! Much appreciated.

pmlindyloo

daphnemoon wrote: »

Hi there,
I've searched a number of times and cant find an answer so im hoping someone can help me!
My friend gets PIP care enhanced rate and ESA, the council have awarded her housing benefit at the shared bedroom rate. She is over 35 and house shares with a joint tenant, not relatives, a two bedroom house. The HB was awarded when she was on DLA middle rate.
I think as she is on PIP she should be awarded the 1 bedroom rate?
Am I correct?
Thank you for the help! Much appreciated.

When you live in shared accommodation and have a joint tenancy you are eligible only for the shared accommodation rate regardless of age or DLA/PIP award. See here:

https://www.entitledto.co.uk/help/Shared-Room

As a matter of interest is your friend receiving the Severe Disability Premium with her ESA? Does she meet the criteria?

Receiving a qualifying benefit (she does)
No one receives Carer's Allowance for her?
She is counted as living alone? (Living with a joint tenant who has liability for rent and not a family member would count as 'living alone' for SDP purposes.)

daphnemoon

Thank you!
No one gets carers allowance for her and she woukd be classed as living alone.
Sorry to be thick but i dont know if she gets the severe premium I will have to check with her, if she does would that mean she could get the 1 bedroom rate?
Thank you

marliepanda

daphnemoon wrote: »

Thank you!
No one gets carers allowance for her and she woukd be classed as living alone.
Sorry to be thick but i dont know if she gets the severe premium I will have to check with her, if she does would that mean she could get the 1 bedroom rate?
Thank you

No.

She’s entitled to it IF she had a one bedroom house/flat.

Same way she could be entitled to say, a three bed house but couldn’t live in a one bed and pocket the difference.

pmlindyloo

daphnemoon wrote: »

Thank you!
No one gets carers allowance for her and she woukd be classed as living alone.
Sorry to be thick but i dont know if she gets the severe premium I will have to check with her, if she does would that mean she could get the 1 bedroom rate?
Thank you

It wouldn't entitle her to the one bed rate as in her situation (single, joint tenant with someone other than a partner) she will only ever be entitled to the shared room rate.

However, if she was receiving SDP then this would be an extra £61.85 per week added on to her ESA.

Of course you haven't given us all the details. To receive the SDP she would need to be receiving income based ESA or contribution based ESA with an income based 'top up'. The information should be on her ESA award letter.