Housing benefit

HillStreetBlues

LOU40 said:

Partner gets both for pip, I think that's what they are saying £80 for non dependant and £20 for arreara

Then there shouldn't be any non dependant deduction as your partner gets PIP care (daily living).
If the arrears are also based on that error you need them repaid.

LOU40

The arrears are because since April they have been adding the non dependent deduction. I did say to the lady I spoke to at housing benefit that my partner gets PIP and she said that doesn't matter, the government sets a threshold for household income and they have to calculate the whole household and that my sons £10 a week rise in his ESA takes us over the threshold 

HillStreetBlues

They are wrong
https://www.legislation.gov.uk/uksi/2006/213/regulation/74

(6) No deduction shall be made in respect of any non-dependants occupying a claimant’s dwelling if the claimant or his partner is—

(a)[F17severely sight impaired or blind or treated as severely sight impaired or blind] by virtue of paragraph 13 of Schedule 3 (additional condition [F18for the disability premium)]; or

(b)receiving in respect of himself either—

(i)attendance allowance; F19...

(ii)the care component of the disability living allowance; F20...

[F21(iia)the care component of child disability payment;]

(iii)the daily living component of personal independence payment; F22[F23...

[F24(iiia)the daily living component of adult disability payment; or]

( iv)armed forces independence payment.] 

  Raise a complaint and Quote Reg 74(6) of The Housing Benefit Regulations 2006

LOU40

My housing benefit was £111.64 from 01/04/2024 to 21/04/2024. Then from 22/04/2024 it is £91.58.So because my son gets 10 a week rise in ESA, my housing benefit has gone down by £20 a week. 

HillStreetBlues

Make sure it's only since April that the have been making a non dependent deduction. As long as your partner has had PIP daily living they should be no deduction.

LOU40

It is only since April they have been making a non dependant deduction. The man I spoke to in the rent department did say that I wasn't in arrears before this and we get a rent statement 3 or 4 times a year and that shows I wasn't in arrears in March. Thank you for your help, I will ring them tomorrow 

LOU40

I have just spoken to housing benefit and they are saying that the change to my housing benefit is not because of a non dependant deduction it is because my household income has gone up, but the lady I spoke to yesterday said the reason my household income has gone up is because of my sons ESA

HillStreetBlues

LOU40 said:

I have just spoken to housing benefit and they are saying that the change to my housing benefit is not because of a non dependant deduction it is because my household income has gone up, but the lady I spoke to yesterday said the reason my household income has gone up is because of my sons ESA

Who is named on the tenancy?

LOU40

I am named on the tenancy

HillStreetBlues

LOU40 said:

I am named on the tenancy

LOU40 said:

I get carers, income support and partner gets PIP. Son gets ESA and PIP. 

As you get IS  the only deduction could be for non dependant deduction, but as shown it wouldn't apply to you.

EDIT
https://england.shelter.org.uk/professional_resources/legal/benefits/housing_benefit/how_housing_benefit_is_calculated

if the claimant is on income support, income-based jobseeker's allowance, income-related employment and support allowance, pension credit (guarantee credit) or universal credit, the claimant is awarded 'maximum housing benefit'.[3] This means their full eligible rent minus any non-dependant deductions