Looking for advise on ESA

feebee74

Hi, I’m currently in receipt of old style ESA Income based, I also get the severe disability premium. On top of that I get PIP Enhanced Daily Living & Standard Mobility. My 16yr old child has just started work and I’m wondering if this is going to affect my benefits and if I need to notify ESA. I’d be Grateful of any advise Thankyou.

poppy123456

Part of the criteria for SDP is that you have no non dependant adults aged 18 and over living with you. Unless they claim a qualifying disability benefit theireself or they are registered blind.

I'm assuming they are still in full time education and you're still claiming benefits for them? This means your benefits will not be affected. Once they reach 18 if you no longer claim benefits for them as a child then your SDP will end, if they don't claim a qualifying benefit or are not regiatered blind. See link. https://www.entitledto.co.uk/help/severe-disability-premium

This link explains non dependant. https://www.entitledto.co.uk/help/non-dependants

feebee74

Thankyou, I don’t get no benefits for my 16yr old as he didn’t go into further education they automatically stopped at the end of August. My Daughter who is 18 lives at home too but she gets PIP and the disability element of UC, housing benefit are deducting housing benefit because of this and only allowing me for 2 bedrooms for me and my Son so they’re not classing him as non dependant yet want his wage slips etc. All this is a nightmare, Thankyou for your help 

poppy123456

As you're claiming PIP then there should not be any non dependant deductions for housing benefit. You need to contact your local authority to tell them. The same will apply when your son reaches 18. You will lose the SDP though when he reaches 18.

feebee74

I will contact them today then as currently I’m having to top my rent up by £17 per week which is a bit of a struggle. Thankyou once again for all your help it’s greatly appreciated.

poppy123456

£17 doesn't sound like it's a non dependant deduction. The lowest non dependant deduction for housing benefit is £18.10/week. https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_deductions_when_living_with_non_dependants

Are you privately renting or renting from social/council housing?

feebee74

I’m private renting. I’ve rang them up, they’d classed my Daughter as non dependant so I explained what you had said. They said they had 2 pages one said 2 bedrooms and one said 3. They’ve only been paying for 2 bedrooms even though there is 3 of us here.

Albus_Scope

Hi there @feebee74, I can see you're in very capable hands with your queries, but I just wanted to say hi and welcome you to the community.  

feebee74

Hi @Albus_Scope and Thankyou. I’m so glad I found this group and so very Grateful for all the help

poppy123456

feebee74 said:

I’m private renting. I’ve rang them up, they’d classed my Daughter as non dependant so I explained what you had said. They said they had 2 pages one said 2 bedrooms and one said 3. They’ve only been paying for 2 bedrooms even though there is 3 of us here.

That's not a non dependant deduction as i advised because the amount isn't high enough. It makes sense for it to be 2 bed rate, rather than 3 bed rate. You will still be entitled to the 3 bedroom rate or all of your of your rent covered if the 3 bedroom rate is higher than your actual rent.

Please see link for confirmation. https://www.entitledto.co.uk/help/local-housing-allowance

Taken from the above link..

Unlike in social housing (where the rules compare the number of rooms allowed with the number you have), in the private rented sector the number of rooms in your home is irrelevant. 

For instance, if you have opposite sex children age 11 and 8, the three bedroom rate of Local Housing Allowance (LHA) applies. If you in fact live in a two bedroom property it doesn’t matter – your maximum benefit is still based on the three bedroom rate of LHA. The idea is that once you know the Local Housing Allowance that applies, you could choose a property with rent due up to that amount, or choose a more expensive property and pay the difference. The number of rooms you actually have does not matter, it is the amount of rent.

feebee74

I used the calculator in the link which confirms they should be paying me £132.00 pw housing benefit, they’re currently paying me £115.00.