Housing benefit need advice please

Andreaspage

Hi,

My adult son of 28 and I rent a flat from a private landlord on a joint tenancy. My son is on income support and cares for me. He receives carers allowance. Our monthly rent is £825.
We've lived in this property for one year and I was awarded around £420 a month housing benefit which is half of our rent, and my son the shared room rate of £290.

I receive DLA, ESA contributory on support group, a little income related ESA, and £60 occupational pension per month.

We've both had up scaling letters from council and my weekly housing benefit award has gone down to the shared room amount of £72 per week.

Is this correct?

I also read on shelter website that my son should receive the one bedroom award and not the shared room award as he lives with a non dependant and rent from a private landlord.

I'd be grateful for any advice.

Thank you.

calcotti

I've been trying to follow through the rules but haven't come to an answer because the rules are confusing. There are some regular posters on this forum who are well versed in housing benefit who will hopefully post a response in due course.

For people under 35 they are allowed one bedroom rate LHA if they receive at least mid rate care DLA. For people over 35 there doesn't appear to be any such relaxation and the local authority are treating you as living in a shared house. Why they have changed their mind over this is not clear.

Think you need to point out to local authority that as you are mother and son you should not be treated as living in a shared house but as living in the same household. The one bedroom rate would then apply to you (I think).

In respect of your son I don't think you count as a non-dependant because you are a joint tenant. See https://www.entitledto.co.uk/help/non-dependants "A non-dependant is a person who......is not liable for paying the rent".