I have a vulnerable client who is being threatened with eviction for rent arrears. Housing Benefit will not pay his full rent because incapacity benefit is counted as income.

He is not very good a controlling his money

He wants to get a deduction paid directly into his rent account.

Incapacity benefit refuse to do this.

Is there a regulation that stops them paying to third parties ?

I may have to advise my client to withdraw from incapacity benefit and just claim Income Support. Although he would loose some income he would not then be evicted.

Income Support can pay direct to the landlord as he is a Council Tenant.

Any help much appreciated

"........I may have to advise my client to withdraw from incapacity benefit and just claim Income Support. Although he would loose some income he would not then be evicted..............".

In theory a good idea, in practice not so good.... if on long term Incap he should be getting £89pw, or at least the short term high rate of £80 pw.

On I/S he'd be on £64.30 - what's the difference in the rent he's having to pay - if it's about the same or thereabouts then he's no better off is he ....

Now then, if he's in arrears because he's not paying the difference over when he gets paid, then that's an entirely different story .........

If you withdraw from claiming IB on what grounds would your clinet then be entitled to IS which I am assuming he is claiming on the basis of being incapable of work - if there are no other grounds for IS (lone parent, carer)

Wed 20-May-09 09:03 AM by shawn

(Edited to shorten link)

Have you thought of applying for a Discretionary Housing Payment to top up the shortfall in his HB? (and to do so retrospectively - see Gargett/Lambeth case which may help)

Also, would the client qualify for middle rate care DLA and then qualify for IS as a result of qualifying for the severe disability premium? (Assuming the other conditions for SDP are met).

thank for the replies and appologies for delay, been off.... but my client is a vulnerable "reformed" alcoholic and would be unfit for any kind of work.
He withdraws his money as soon as he gets it. The arrears are caused by Heating charges and the HB deductions caused by Incapacity benefit being treated as earnings.

The question however was... why can he not get part of his Incapacity benefit paid direct into his rent account as he has requested.

Because he can't get his Incapacity Benefit paid to a corporate body - see regulation 34 (1) Social Security (Claims and Payments) Regulations 1987. Hence the suggestions to try other options which would get a result for your client.

Hi... found reg 34, but not 34 (1).... reg 35 leading to Schedule 9 however seems to allow specific deductions for housing costs... has there been a later amendment ?

would appreciate a direct link

It's on page 459 of Rowland and White, Social Security Legislation vol 3.