Universal credit and NON depend adult ISSUE

Annom12121

Hi all

I am on UC my daughter lives with me also on UC and has 2 children under 2 UC told me she is a non depend adult and needs to pay £73 a month in rent, However looking on several website such as turn to us citizen advice ect they all state and if an adult is living with you and has children under the aged on 5 they are NOT classed as a non depend and there for do no have to pay the £73 monthly rent charge, I have spoke to someone on UC about this and they told me no this is incorrect and she has to pay the money towards the rent regardless of her having kids under 5.

Is anyone in the same position or know any who is and can clarify for me which is correct

Thank you x

poppy12345

Annom12121 wrote: »

Hi all

I am on UC my daughter lives with me also on UC and has 2 children under 2 UC told me she is a non depend adult and needs to pay £73 a month in rent, However looking on several website such as turn to us citizen advice ect they all state and if an adult is living with you and has children under the aged on 5 they are NOT classed as a non depend and there for do no have to pay the £73 monthly rent charge, I have spoke to someone on UC about this and they told me no this is incorrect and she has to pay the money towards the rent regardless of her having kids under 5.

Is anyone in the same position or know any who is and can clarify for me which is correct

Thank you x

There will only be no non dependent deductions if either you're claiming mid/high rate care DLA or PIP daily living. OR if your daughter is under 21 (because of being responsible for a child) or if she claims either carers allowance, DLA mid/high rate care or PIP daily living.



If none of those apply then there will be a deduction of £73 per month. See link. https://www.disabilityrightsuk.org/universal-credit-non-dependant-deductions

Annom12121

But there on here it says
turn2us benefit-guides/Universal-Credit-housing-costs/Housing-costs-contributions Is under 21; or
Is responsible for a child under 5; or
Is getting Attendance Allowance, Personal Independence Payment (PIP) daily living component, Disability Living Allowance (DLA) care component at middle or high rate, or Armed Forces Independence Payment (AFIP); or
Is getting Carer’s Allowance; or
Is getting Pension Credit

That saying if they have a child regardless of age of person

calcotti

I was not aware of that exemption before but it is in the legislation

https://www.legislation.gov.uk/uksi/2013/376/schedule/4/made

Universal Credit Regulations 2013
Schedule 4 paragraph 16 (1) and (2)(i)

No deduction for housing cost contributions in respect of certain non-dependants

16.—(1) No deduction is to be made under paragraph 13 in respect of any non-dependant who is a member of the renter's extended benefit unit to whom sub-paragraph (2) applies.

(2) This sub-paragraph applies to—
.....
(i) aperson who is responsible for a child under 5 years old.

.
This is also confirmed in DWP guidance
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/798301/admf3.pdf

No HCC deduction for certain non-dependants
F3151 No HCC deduction will be made for any non-dependant who is a member of the renter’s extended benefit unit where they are
...
9. responsible for a child under 5

As I say this is a new one on me but I suggest you contact UC again and refer them to the regulation and Advice to Decision Makers paragraph F3151. It appears that they should not be making a non dependant deduction from your UC in respect of your daughter.

Please come back and tell us how you get on. You shouldn’t have to be telling DWP the law.

Annom12121

Thank you so much for this!

She has paid for post 3 months at £73 rent month

Would she b entitled to it all back in that case if it was wrongly taken away

pmlindyloo

Annom12121 wrote: »

Thank you so much for this!

She has paid for post 3 months at £73 rent month

Would she b entitled to it all back in that case if it was wrongly taken away

I presume this is being taken from your UC?

Please tell us if this is correct.

Once you have pointed the DWP towards the legislation the money should be refunded to your UC.

Then, of course, you can reinburse your daughter.

Annom12121

That is right its been taken away from my housing rent entitlement as she lives with me and they class her as a non dependent so she has to pay the £73 a month to me towards the rent .

Thank you

calcotti

Annom12121 wrote: »

Thank you so much for this!

She has paid for post 3 months at £73 rent month

Would she b entitled to it all back in that case if it was wrongly taken away

Yes, you should be repaid any money incorrectly deducted in previous months.

Alice_Holt

Some additional steps you may wish to take (in addition to raising this with your work coach, on your journal, and the UC helpline):
a) A mandatory reconsideration request quoting the UC legislation calcotti posted (the payment schedule is a decision you can challenge);
b) a complaint (https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure);
c) contact your MP (post election) with copies of a) & b) and ask them to intervene to get a quick resolution to this from the DWP.

Good luck.


UC
https://england.shelter.org.uk/housing_advice/benefits/universal_credit_housing_cost_contributions
I think this exception only applies to UC not HB
vs HB https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_deductions_when_living_with_non-dependants

calcotti

Alice_Holt wrote: »

I think this exception only applies to UC not HB]

Seems to me that there are many instances where UC is less onerous than HB in respect of non-dependants (lodgers too).