Daughter at Uni - Paid placement, benefits???

Hi I'm asking for advice for my sister and Niece.


My sister is has learning dificulties and claims disability. She is independednt has has her own home paid for by the council.


Her Daughter has done really well and gone to University. Part of her University course was to take a years placement in a working account office. So she is being paid for this years placement. As her placement is local, she has moved back home for this year.



Now the council have been in touch with my sister stating that because my niece has been on the placement - she is "earning a living" and are requesting she pays the rent on her mums home. and possibly back pay for the past year.


Her university advise that her placement year is exempt from making any differnce to my sisters benefits. But getting the council to accept this, is another matter.



Please help - My mum is beside herself that my sister is looking at a £5000 bill!


Has anyone had anything similar?

Comments

  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    From what you have said it seems that you are talking about the council making a non dependent deduction to your sister's housing benefit. This would also apply to council tax.

    You can read about it here:

    http://england.shelter.org.uk/housing_advice/benefits/housing_benefit_deductions_when_living_with_non-dependants

    There are exemptions to this. Does your sister receive DLA - middle or high care component or PIP daily living? If she does then no non dependent deduction should be made.

    Did your sister inform the council of the change of circumstances - i.e your niece moved back home?

    There is also an exemption for students but note if they work more than 16 hrs a week during holidays a non dependent deduction would apply. I am assuming that even if your niece retains her student status the fact that she is working full time would also mean a non dependent deduction.

    Since the university has said that your sister's benefits should not be affected I am wondering if you have missed out some information?

    You could go back to the university, ask about the non dependent deductions and ask why they said your sister's benefits would not be affected or visit CAB with all the relevant information for advice.

    If your niece is working full time then her contribution to your sister for 'living expenses' should be used by your sister to make up the shortfall for HB and CTB.
  • neeneenoo
    neeneenoo Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    Thank you very much, this is very helpful information.
    Yes she does claim DLA and PIP.

    So hopefully this should end here.


    I will pass this onto my mum and we will contact the council...
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
    Name Dropper First Anniversary First Post
    neeneenoo wrote: »
    Thank you very much, this is very helpful information.
    Yes she does claim DLA and PIP.

    So hopefully this should end here.


    I will pass this onto my mum and we will contact the council...

    You need to check exactly which benefits she is claiming.

    She cannot claim PIP and DLA. It is one or the other. Plus, it must be the mid rate or high rate care part of DLA or the daily living part of PIP to make her exempt from non dependent deductions.
  • neeneenoo
    neeneenoo Posts: 14 Forumite
    First Post First Anniversary Combo Breaker
    oh I see, Thank you. My mum takes care of her affiars, I'll discuss it further with her. Thank you
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