Relocation on Legacy Benefits/ Universal Credit query 1 November 2022 at 5:15PM in Benefits & tax credits 17 replies 539 views

Spicedpumpkin

Myself and my partner are on legacy benefits at present, and know at one point we will be transferred onto Universal Credit if things change or we are invited to.

I have CB ESA and DLA , my partner CA IS and HB

We are in a private rented house and get HB .The LHA 1 bedroom rate for my area covers this at present, but at the next increase we will have to add to it by the way, which will be very soon.

Hypothetically if we moved areas, to a different part of the country/ and different local council to another private rental, I know we would go to UC as change of circumstances which is fine.

I just want to check that is OK to move into a different area run by the a different council and still just apply for UC (if we are not on it by then) and still be able to get UC Housing Element for the 1 bedroom LHA for that particular local council. I know it may seem an obvious question but before we make any plans, I want to be sure that would be correct. Many Thanks

calcotti

Moving doesn't automatically move you to UC.
The issue is that you or she will not be allowed to claim HB in a new local authority. To get help with rent you then have to claim UC which would end her IS. The CBESA, DLA and CA are not affected. The maximum housing element in the UC claim will be based on the LHA rate for the postcode of the property.

If you stay in the same local authority she can keep her HB, it is just a change of circumstances within the existing claim (although her local authority may advise her differently!).

Spicedpumpkin

calcotti said:

Moving doesn't automatically move you to UC.
The issue is that you or she will not be allowed to claim HB in a new local authority. To get help with rent you then have to claim UC which would end her IS. The CBESA, DLA and CA are not affected. The maximum housing element in the UC claim will be based on the LHA rate for the postcode of the property.

If you stay in the same local authority she can keep her HB, it is just a change of circumstances within the existing claim (although her local authority may advise her differently!).

Many Thanks for the information. So basically, we could move to a different local authority, and claim UC housing element to the equivalent of a LHA rate of 1 bedroom. We do not want to stay in our local area where we are now. Cut a long story short my partner has cancer and is having chemotherapy and we we live in East London. We want to try and move to a less busy / less crime ridden area ,with a view to help his quality of life. I just wanted to check that if we moved to a different area/council we would still get help with housing costs. Much appreciated.

poppy12345

Spicedpumpkin said:

calcotti said:

Moving doesn't automatically move you to UC.
The issue is that you or she will not be allowed to claim HB in a new local authority. To get help with rent you then have to claim UC which would end her IS. The CBESA, DLA and CA are not affected. The maximum housing element in the UC claim will be based on the LHA rate for the postcode of the property.

If you stay in the same local authority she can keep her HB, it is just a change of circumstances within the existing claim (although her local authority may advise her differently!).

  So basically, we could move to a different local authority, and claim UC housing element to the equivalent of a LHA rate of 1 bedroom.

Yes, it will be the same for UC as it is for housing benefit. You can check the amounts for the area here. https://lha-direct.voa.gov.uk/

The most difficult part will be finding a landlord that will accept a DSS tenant.

Spicedpumpkin

poppy12345 said:

Spicedpumpkin said:

calcotti said:

Moving doesn't automatically move you to UC.
The issue is that you or she will not be allowed to claim HB in a new local authority. To get help with rent you then have to claim UC which would end her IS. The CBESA, DLA and CA are not affected. The maximum housing element in the UC claim will be based on the LHA rate for the postcode of the property.

If you stay in the same local authority she can keep her HB, it is just a change of circumstances within the existing claim (although her local authority may advise her differently!).

  So basically, we could move to a different local authority, and claim UC housing element to the equivalent of a LHA rate of 1 bedroom.

Yes, it will be the same for UC as it is for housing benefit. You can check the amounts for the area here. https://lha-direct.voa.gov.uk/

The most difficult part will be finding a landlord that will accept a DSS tenant.

Thanks very much Poppy12345 . I know what you mean, just want to give him some hope of moving to a different area, and check that IF we found somewhere technically we could do it. Thanks again for the input 

calcotti

When you claim the UC her IS will stop. I would recommend that you use a benefits calculator anyway because you may be better off claiming UC even where you are.

Spicedpumpkin

calcotti said:

When you claim the UC her IS will stop. I would recommend that you use a benefits calculator anyway because you may be better off claiming UC even where you are.

Many thanks. I shall have a look at the benefits calculator. My partner is not far off pension age. He is 65 early next year. Although I think 66 is retirement is for men now. Much appreciated advice Cheers

calcotti

Spicedpumpkin said:

calcotti said:

When you claim the UC her IS will stop. I would recommend that you use a benefits calculator anyway because you may be better off claiming UC even where you are.

Many thanks. I shall have a look at the benefits calculator. My partner is not far off pension age. He is 65 early next year. Although I think 66 is retirement is for men now. Much appreciated advice Cheers

You are correct about the pension age, currently 66. If you are younger than him you will become a ‘mixed age’ couple when he reaches pension age. His ESA will stop but will receive his State Pension (which he will need to apply for a few months in advance). You will remain eligible for UC.but the UC will probably reduce because his SP is likely to be worth more than his ESA and will be deducted from UC in the same way.

JJWSJS8700

When moving to UC:

ESA becomes LCWRA,
You don’t receive CA, it’s Carers top up which, becomes Carers Element,
HB become Housing Element.

poppy12345

JJWSJS8700 said:

When moving to UC:

ESA becomes LCWRA,
You don’t receive CA, it’s Carers top up which, becomes Carers Element,
HB become Housing Element.

That's not exactly correct. As the OP is claiming CB ESA then this will continue as normal but it's deducted in full from any UC entitlement. Their UC which include the LCWRA element.

CA still continues to be paid as normal but again it's deducted in full from any UC entitlement. It doesn't become Carers element, carers element is part of UC and makes up part of their maximum UC entitlement.

Spicedpumpkin

calcotti said:

Spicedpumpkin said:

calcotti said:

When you claim the UC her IS will stop. I would recommend that you use a benefits calculator anyway because you may be better off claiming UC even where you are.

Many thanks. I shall have a look at the benefits calculator. My partner is not far off pension age. He is 65 early next year. Although I think 66 is retirement is for men now. Much appreciated advice Cheers

You are correct about the pension age, currently 66. If you are younger than him you will become a ‘mixed age’ couple when he reaches pension age. His ESA will stop but will receive his State Pension (which he will need to apply for a few months in advance). You will remain eligible for UC.but the UC will probably reduce because his SP is likely to be worth more than his ESA and will be deducted from UC in the same way.

Thanks a lot. I am the one actually on CB ESA and DLA and I am the younger person, my partner is on the CA and IS , HB , he is the one near pension age, like you said at 66. So I am not sure what will happen when he reaches in pension age, I am sure he can not get Carers Allowance for me then, as he would be over pension age.