I informed housing benefit in January that both members of this couple had been awarded Attendance Allowance and should therefore be entitled the double severe disability premiums in their housing benefit. Housing Benefit did a home visit and are now saying that the savings credit figure is incorrect - the couple have more savings but still under £16,000, pension income is higher etc. However, even with these increase, they should still receive maximum housing benefit. Housing benefit are refusing to increase benefit until the DWP have reassessed the savings credit/pension credit. DWP seems to be taking months to do this. Housing benefit also said they would normally have suspended the claim due to the discrepancy with the income figures but did not do this because of the couple's advanced age. Apart from asking the DWP to reassess quickly, are Housing benefit correct in refusing to reassess until the DWP make their decision? Four months seems an unreasonable delay to me.

In my opinion, the LA are wrong.

The claimant has no obligation to inform the LA of changes of the income types mentioned (as PC in payment). The clmt's cap, although increased, has not increased above £16,000 and so there is no duty of the clmt to inform the LA of any cap increase either. See HBR 69(7) of the Housing Benefit (...State Pension Credit) Regulations 2006.

Next.... whatever the outcome of the Pension Service changes to a claimant's AIF (i.e. assessed income figure), or amount of savings credit, such changes only (normally) take effect from when the LA receives that information from the Pension Service - not from the actual date of change (assuming the changes result in a reduction of HB/CTB). See HBR 60 of the aforementioned regs for full details on the date of effect for changes in PC cases.

Based on the info given by you, there appears to be no possibility of an o/p occurring by awarding the double SDP. On that basis alone, there is no good reason why the LA should be refusing to make the change. Further, the LA have no legal basis on which to wait for the Pension Service change when the issue is an award of a PREMIUM. The award of a PREMIUM is the LA's responsibility - not the Pension Service's. LA's are only hamstrung by income & cap issues.

As an aside, if the situation is as you say re the clmt being below the applicable amount, there will presumably be entitlement to Guaranteed Credit in any case.

I'd raise the above issues, asking for an urgent response. If the LA fail to respond appropriately, make a formal complaint and pursue it right through.

Regards

Thank you for explaining this. I will put this to the council as you suggest