Can you remain on legacy benefits if moving?

Jack28UK

Our mother recently passed away, she lived near my brother and mostly took care of his needs when needed. He has numerous health issues that I cant deal with as I have children of my own and I do not live close.  My brother is finding it a real struggle now, my dad is now planning to have him move in with him.  The issue is my brother gets SDP on his benefits. If my brother moves in with my dad but does not claim housing benefit can he still stay on legacy benefits. I used an online calculator and my brother would be worse of on UC.

My dad got PIP automatically due to having cancer, He is fighting this and I do not know what the future will hold, but I feel they need each other to depend on right now.  It been a very stressful period and I am not sure what to advise them for the best. my brother will be giving up a council property to move in with my dad.

poppy12345

As he won't be claiming any help with the rent then he can remain on his existing ESA claim. If your dad is claiming daily living PIP and there are no other adults living in the house then your brother can continue with the SDP claim. If your dad is claiming the single person discount for his council tax then he will lose this if your brother moves in with him.

Jack28UK

Thank you Poppy. My dad did ring to ask advise but they told him as its a change of circumstances a change of address would force him on UC regardless, I did this this was probably wrong so I really apperciate your input. Thank you as it will out all our minds at rest.

tazwhoever

Two people read the same book and those people get it wrong! 😂
Thanks Poppy 🙂

calcotti

All your brother needs to do is report a change of address to ESA and DLA/PIP (whichever he gets). ESA will want to confirm with him who is living with and whether they get a disability benefit (in order to confirm ongoing SDP entitlement). If he currently gets HB and CTR he will also need to end those claims.
As poppy said dad will need to report to council that he no longer lives alone and will lose the single person discount. However if dad is claiming CTR that will increase to reflect the increased CT liability.

missie1990

If you remain in the same local authority then I believe you can 

calcotti

missie1990 said:

If you remain in the same local authority then I believe you can 

That is only relevant for people claiming Housing Benefit. Person this thread is about doesn’t wish to claim Housing Benefit anyway so the issue doesn’t arise.