Housing benefit has been reduced to shared accommodation rate, joint tennacy with son, I'm disabled

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Andreaspage
Andreaspage Posts: 38 Forumite
in Benefits & tax credits
Hello,

I'd be grateful for any advice.

My son and I live together in a privately rented two bedroom flat. He is on income support and carers allowance as he looks after me. I receive ESA contributory in support group with a little bit of income related ESA. I receive middle rate DLA and low rate mobility. I also receive £60.36 a month from a deferred occupational pension paid early due to my ill health. I'm 53.

Our monthly rent is £825 and we moved in last February and I was awarded half of the monthly rent £95. My son the shared room amount.

I have received a an uprating letter and have only been awarded the shared room rate now. The decision maker said they have removed a band.

I have spoken with a few helplines and the council one said I need to have sole use of two rooms in order to not be classed as living in shared accommodation. Citizens advice say as I receive middle rate care DLA, I am entitled to another room.

As my son lives with me and he is my carer, is the new award correct?

I'd be grateful for any advice.
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  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    Reading this:

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf

    pages 29 and 30

    the council is correct.

    It seems that CAB have given incorrect information.

    You have to be receiving the Severe Disability Premium with your ESA to be entitled to the one bed rate (even if you are in shared accommodation).

    You are not eligible for the SDP as your son is claiming Carer's Allowance for you.

    Others will comment on this interpretation because there may be something I am missing.

    If I am correct then you may have some options:

    1. Ask for a Discretionary Housing Payment to top up your shortfall in rent.
    2. Ask the landlord to put the tenancy in your name only. Then, I believe, your son would be treated as a non dependent and you would be eligible for the two bed rate with a deduction made for the non dependent - would not be much as he is on Income Support.

    Hopefully, if I have missed something or got something wrong, someone will be along to help or confirm.
  • tboo
    tboo Posts: 1,379 Forumite
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    You wouldn't receive the non dependant deduction as middle rate DLA is received,


    But will the landlord be willing to change the tenancy?


    What is your local Housing allowance for 2 bedrooms if this happens - will it be enough to cover the monthly rent?
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  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    tboo wrote: »
    You wouldn't receive the non dependant deduction as middle rate DLA is received,


    But will the landlord be willing to change the tenancy?


    What is your local Housing allowance for 2 bedrooms if this happens - will it be enough to cover the monthly rent?

    Thank you. Had totally forgotten this.
  • Andreaspage
    Andreaspage Posts: 38 Forumite
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    Thank you both for your replies.

    I have been reading up on this and as Citizens Advice weren't too sure about the rules I thought I'd ask your advice.

    I don't think our landlord would make us a new tenancy agreement. He's not accommodating.

    As I'm on middle rate care DLA and need someone with me all the time, could my son be treated as my carer, for LHA calculations, when he is in fact my carer?

    Could my son stop claiming carers allowance and I would then receive the severe disability premium?

    Would I get the severe disability premium if he still lived with me?

    As I need overnight care that my son provides, could he be seen in the calculation as my carer?

    The two bedroom LHA rate for our area is £149.79.

    The decision maker is phoning me tomorrow. Citizens advice told me not to question him just to get everything in writing, but as their information is incorrect, re above post, what would you advise?

    Thank you for your help
  • poppy12345
    poppy12345 Posts: 17,964 Forumite
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    You won't be able to claim for the severe disability premium unless your son is also claiming a qualifying benefit such as PIP daily living or DLA mid/high rate care.
  • Andreaspage
    Andreaspage Posts: 38 Forumite
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    Ok, he receives income support and carers allowance only.

    I think the only option is to apply for discretionary housing help.

    Do you know why I would have been awarded half of the monthly rent when we first applied?

    Does receiving middle rate care DLA, Enhanced Disability Premium and in support group for ESA contributory, not automatically entitle me to increased housing benefit?

    I'm looking at every angle I can find.

    Thank you for your help.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Because you get income based ESA you are entitled to the maximum eligible housing benefit (less any non-dependant deductions). The eligible rent is calculated by reference to the Local Housing Allowance and the applicable rate.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Andreaspage
    Andreaspage Posts: 38 Forumite
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    Thanks, yes it's just that my award has been downgraded from half of our monthly rent to shared accommodation rate. We can't afford to live in this flat if we don't receive any financial help now.

    Thank you fir your help
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Thanks to pmlindyloo for the link. That's what I couldn't find when I replied to OP in other thread they started on the same topic.
    I think it's worth looking at this:

    Joint tenants within the same household
    2.100 In some cases joint tenants may be part of the same household but are not treated as members of the same family. For example, the customer may have a non-dependent son or daughter who is a joint tenant but they maintain a common household.
    Example
    Lee has a partner and two children aged under 10. He is a joint tenant with his mother but they form a single household. They pay £150 a week to rent a three bedroom house and they both claim Housing Benefit (HB).
    Under the size criteria the three bedroom LHA rate applies to both Lee and his mother because they form a single household.

    I think you and your son should be treated as forming a single household and therefore each permitted the LHA rate for two bedrooms. The local authority will probably then treat you as equally liable for the rent so the eligible rent is the lower of 50% of the actual rent or the LHA two bedroom rate.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Andreaspage
    Andreaspage Posts: 38 Forumite
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    calcotti wrote: »
    Thanks to pmlindyloo for the link. That's what I couldn't find when I replied to OP in other thread they started on the same topic.
    I think it's worth looking at this:

    Joint tenants within the same household
    2.100 In some cases joint tenants may be part of the same household but are not treated as members of the same family. For example, the customer may have a non-dependent son or daughter who is a joint tenant but they maintain a common household.
    Example
    Lee has a partner and two children aged under 10. He is a joint tenant with his mother but they form a single household. They pay £150 a week to rent a three bedroom house and they both claim Housing Benefit (HB).
    Under the size criteria the three bedroom LHA rate applies to both Lee and his mother because they form a single household.


    I think you and your son should be treated as forming a single household and therefore each permitted the LHA rate for two bedrooms. The local authority will probably then treat you as equally liable for the rent so the eligible rent is the lower of 50% of the actual rent or the LHA two bedroom rate.

    When we first moved into this flat, I was awarded half of our £825 rent and my son the shared room rate. Do you think the above was applied to our initial award? As I'm on middle rate care DLA does that not entitle me to higher housing benefit also?

    Thanks for your help.
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