UC non-dependant housing contribution

emilyswan

Hello, I would really appreciate some advice on this matter.

To put it simply, if a UC claimant who works, hours vary because of overtime but between 22 and 30hrs a week. They also receive the carers element of UC, because their adult daughter (over the age of 25) is disabled. The adult daughter is in receipt of income related esa and higher rate daily living allowance, and lower mobility pip.

Only the UC claimant and the disabled daughter live together in a private rented accommodation. The tenancy is in the name of the UC claimant, so the disabled daughter is a non-dependant? My question is, should a UC housing contribution be deducted from the UC claimant, as a non-dependant is living with them?

Thank you so much

poppy12345

There shouldn't be any non dependant deductions because the daughter claims PIP.

there will also be no contribution expected of non-dependants who are 21 or over and: https://www.entitledto.co.uk/help/non-dependants

• receiving Pension Credit
• receiving the care component of Disability Living Allowance at the middle or highest rate
• receiving the daily living component of Personal Independence Payment
• receiving Attendance Allowance 
• receiving Carer's Allowance
• the primary carer for a child aged 4 or under

emilyswan

Thank you for the reply, that’s what I thought. It’s what the literature states and all three of the recommended benefits calculators state too.

So what happens if the UC claimant has just realised that for the past 3 years since the UC claim has started, a housing contribution deduction has taken place? Nothing has changed, the UC claimant has received the carers element because they had to prove that their daughter is in receipt of PIP. It’s also written at the bottom of the journal, during application process that the other person living with the UC claimant is in receipt of PIP.

So what on earth has happened?

To make matters more complicated, last week the UC claimant phoned UC helpline (it was a call handler not an advisor) pertaining to this situation. They said they would pass this information on to a ‘work coach’, the work coach replied in the journal with a short answer. Only stating that the UC claimant has to be in receipt of PIP for there to be no housing contribution deduction, totally ignoring the non-dependant’s situation.

The UC claimant stated again on the journal about how the literature states it applies to the non-dependant too. They then replied stating the same thing above.

I’m so very confused about this situation.

calcotti

emilyswan said:

So what happens if the UC claimant has just realised that for the past 3 years since the UC claim has started, a housing contribution deduction has taken place? Nothing has changed, the UC claimant has received the carers element because they had to prove that their daughter is in receipt of PIP. It’s also written at the bottom of the journal, during application process that the other person living with the UC claimant is in receipt of PIP.

Post a payment query in the UC journal setting out the situation and requesting the the Housing Cost Contribution is removed and that all previous UC payments are recalculated to remove the contribution.
When making the request refer them to their own guidance Advice for Decision Making paragraph F3151.

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

1. under 21

2. in receipt of SPC

3. in receipt of the care component of DLA or ADP at the middle or highest rate

4. in receipt of “AA” (includes AFIP)

5. in receipt of the daily living component of PIP

6. entitled to at least one of the benefits at 2. to 4. above but are not receiving it under prescribed legislation because they are in hospital

7. in receipt of CA
8. a prisoner
9. responsible for a child under 5
10. a person who is a member of the armed forces away on operations who

10.1 is the child or step child of the renter or joint renter and
10.2 lived with the renter, or joint renters immediately before leaving to go on operations and 10.3 intends to return to live with the renter or joint renters at the end of the operations.

You can find it here
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1108297/admf3.pdf

If they then still confirm that the Housing Cost Contribution applies request a Mandatory Reconsideration of that decision.

If that doesn't succeed you then apply to the tribunal.

Unfortunately this is yet another example of inadequate training if staff and people not being either unwilling too investigate a query properly or not having enough time to do so.

emilyswan

Thank you ever so much for the advice, I really appreciate it.

Oh, why can’t things ever be simple.

calcotti

emilyswan said:

Oh, why can’t things ever be simple.

Lack of training and under resourcing of DWP staff.