Recent case. She was the HB claimant, they were in receipt of Tax Credit with the disability element. She was working, partner was disabled. Our assessor wouldn't award disability premium for HB, I thought this wrong. I asked the assessor who made this decision why. She said that HE had to be the HB claimant in order for us to award the disability premium. So I had to ask the current claimant to request a termination of her claim back to the start, then get her partner to fill in a new form in his name AND a request for backdate form to ask for backdate to the start of their first claim.

Was this necessary?

The conditions for this premium are set out in para 13 of Schedule 3 of the Housing Benefit Regs and are fearfully complicated; but they do distinguish in part between DLA/WTC disability element on the one hand and long term IB on the other. In the former case, the premium can be paid whichever of the two is in receipt of the relevant benefit, but with IB only if it is the claimant for HB who is in receipt of the benefit.

Where you have me confused is how they can be getting WTC with the disability element if the disabled party in a joint claim is not working at least 16 hours a week. Are you quite sure about this?