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Top Housing Benefit & Council Tax Benefit topic #7346

Subject: "LHA, carer's allowance and severe disabilty premium" First topic | Last topic
Nicola Wallace
                              

Welfare consultant - Housing benefit advice, Ecallawn Consultancy, London
Member since
06th Apr 2005

LHA, carer's allowance and severe disabilty premium
Thu 23-Oct-08 06:20 PM

This question includes quite a few benefits: Father and grown-up son share flat. Father receives state pension, pension credit & attendance allowance and son receives income support & DLA at high rate for care. Both receive severe disability premium.
I am trying to work out if they can increase overall income as follows: Father could claim carer's allowance for looking after son (think would only receive premium as would overlap with pension and so presumably son's SDP would not change.) If son also claimed carer's allowance, would they be better off due to carer's premium etc. overall, even if Father then lost SDP?
Leading on from this, my other question is that as two disabled sharers, should they each receive the one bedroom HB rate under LHA - they are currently each receiving the share room rate which I do not think is correct. Its an area where there was the LHA pilot scheme, so slightly different from general scheme but rent restricted and both claiming DHP. If father lost the SDP because both claimed Carer's for looking after each other, would this reduce LHA entitlement? It is further complicated in that they share a three bedroom flat and the son has use of two bedrooms (would normally entitle to one bedroom LHA rate) but a carer stays very occasionally overnight when the son is unwell.
Any advice would be much appreciated

  

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Replies to this topic
RE: LHA, carer's allowance and severe disabilty premium, mike shermer, 24th Oct 2008, #1
RE: LHA, carer's allowance and severe disabilty premium, yvonnebennett, 24th Oct 2008, #2
      RE: LHA, carer's allowance and severe disabilty premium, Nicola Wallace, 24th Oct 2008, #3
           RE: LHA, carer's allowance and severe disabilty premium, mike shermer, 24th Oct 2008, #4
                RE: LHA, carer's allowance and severe disabilty premium, Nicola Wallace, 24th Oct 2008, #5
                     RE: LHA, carer's allowance and severe disabilty premium, mike shermer, 24th Oct 2008, #6
                          RE: LHA, carer's allowance and severe disabilty premium, Nicola Wallace, 24th Oct 2008, #7
                               RE: LHA, carer's allowance and severe disabilty premium, mike shermer, 24th Oct 2008, #8

mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: LHA, carer's allowance and severe disabilty premium
Fri 24-Oct-08 07:21 AM



1. Father can claim carer's allowance for son - this will result in underlying entitlement as receiving state pension, therefore son's SDP not affected, and father would then get carer's premium with his GPC - if he's not on GPC then no advantage.

2. If son claimed carer's allowance he would get it - and although he would gain Carer's premium father would lose SDP, so not a good idea: it would'nt affect bthe LHA rate though.

3. I assume the tenancy is jointly held, as you say both getting DHP - the Single room rate is correct I'm afraid

  

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yvonnebennett
                              

welfare rights adviser, city and county of swansea
Member since
21st Feb 2005

RE: LHA, carer's allowance and severe disabilty premium
Fri 24-Oct-08 08:43 AM

Strongly worded first welfare rights commandment - never advise someone to claim carer's allowance if the person they look after will lose SDP unless claiming carer's is the only way they can still be available to care. Would lose Dad £50.35 to gain son only £27.75!!!

  

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Nicola Wallace
                              

Welfare consultant - Housing benefit advice, Ecallawn Consultancy, London
Member since
06th Apr 2005

RE: LHA, carer's allowance and severe disabilty premium
Fri 24-Oct-08 02:03 PM

Thanks for your advice on carer's allowance. I have looked at LHA and I thought that severely disabled claimants were entitled to the one bedroom rate. So would joint tenants, both receiving SDP, both qualify for the one bedroom rate? Alternatively, father and son have a four roomed flat. Under LHA if one person has sole use of two rooms, they qualify for one bedroom rate - or could the carer's occasional use of a room make a difference? The carers do not live in and stay when needed on a rota

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: LHA, carer's allowance and severe disabilty premium
Fri 24-Oct-08 02:18 PM



The receipt of SDP doesn't make a difference where rent is concerned - neither does the occasional sleep over by a carer, or the sole use of two rooms .............

  

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Nicola Wallace
                              

Welfare consultant - Housing benefit advice, Ecallawn Consultancy, London
Member since
06th Apr 2005

RE: LHA, carer's allowance and severe disabilty premium
Fri 24-Oct-08 02:30 PM

Thank you for your reply but I have been trying to understand the Local Housing Allowance rules and it seems from the Rent Service LHA website (below) that they should be getting the one bedroom rate or have I read it incorrectly? See:

https://lha-direct.therentservice.gov.uk/Secure/faq.aspx#SingleOver25

A. If you are severely disabled, or live with a severely disabled partner, and have no dependent children, your benefit will be based on the one bedroom Local Housing Allowance rate.

A. If you are 25 or over, single and do not live with any dependants, your benefit will be based on the one bedroom Local Housing Allowance rate if you live in:

* a self-contained property
* shared accommodation but have two or more rooms (bedrooms or living rooms) that no-one else can use

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: LHA, carer's allowance and severe disabilty premium
Fri 24-Oct-08 02:39 PM



Lokking at that, seems you may have a point - Father still qualifies for single room rate, but son qualifies for one bedroomed rate as he has two rooms that he has exclusive use of .............

  

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Nicola Wallace
                              

Welfare consultant - Housing benefit advice, Ecallawn Consultancy, London
Member since
06th Apr 2005

RE: LHA, carer's allowance and severe disabilty premium
Fri 24-Oct-08 02:43 PM

Thank for your help and for your reply. Could son have a problem in that the carer sometimes stays in the second room or is that not relevant?

  

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mike shermer
                              

Welfare Benefits Officer, Kings Lynn & West Norfolk Borough Council, Kings l
Member since
23rd Jan 2004

RE: LHA, carer's allowance and severe disabilty premium
Fri 24-Oct-08 02:45 PM




.........it need not be ..............

  

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Top Housing Benefit & Council Tax Benefit topic #7346First topic | Last topic