housing benefit and attendance allowance.

lily84

Hi, I'm not sure if I'm in the right section but if anyone can help I'd appreciate it.   An elderly couple with chronic health issues, one who is claiming attendance allowance now wants to try and apply for housing benefit and council tax help.  They have an adult relative living (not working)with them and need to know if that affects their claim. 

I have read that if the elderly person making the claim for HB and CT is receiving AA then no deductions are made, is this correct?  And does this apply with every council in the country?  

Thanks.

poppy123456

Are the elderly couple both state pension age or above? If so then yes they can make a claim for housing benefit (if they have a liability to pay rent) and there will be no non dependent deductions. 

lily84

Hi, thanks.    yes they are both pensioners. and are not claiming anything else.  She recently got the attendance allowance, and he is her carer and also he helps to look after the adult relative who has health issues.  They are just trying to find out if they can get any other help.

He asked about the possibility of getting attendance allowance too as he has health issues, COPD and heart issues  and struggles with washing/dressing etc, but was told that unless he needs help then he can't claim it.

With regards to the HB and CT,  the reason they are confused if that they recently were told the adult relative would need to show their bank statements etc.  if no deductions is made for non dependents then why do they have to do this?

lily84

Hi woodbine, I think they told him that as he is a carer for his partner etc, and as he doesn't get any help disability wise then he's not eligible.  I though AA was for elderly who are struggling with daily living activities regardless of whether he gets help.

They are just on state pensions, and some small private pension and nothing else, except thr AA recently.  Just a bit confused over why the adult relative needs to provide bank statements etc if no deductions are made.    Thanks for the AGE UK info.  Benefit system is so confusing at times.

poppy123456

To be entitled to AA you don't need to actually be receiving any help. It's about the help you need, regardless of whether you receive the help. 

For housing benefit, the non dependent should not need to give bank statements because they are not the ones that are claiming it. They maybe asked for their income for future reference but nothing more should be needed. 

Have they checked entitlement to Pension Credit? There's a calculator here that will help with that.pension-credit-calculator

lily84

Hi poppy,   ok thanks, that's what I thought about AA too.    Do you think maybe him being a carer for other people is why they said it stops him from getting AA?

I will tell them that the non dependant should not have to give bank statements as its not part of their claim.   Just curious though as to why the  non dependant needs to give their income info if no deductions are made?  It's a bit strange.

I don't think they are entitled to get pension credit as I think they are just a tiny bit over for eligibility but il get them to recheck.   They find it all a bit overwhelming as they've not claimed benefits before.    Thanks for the quick replies, much appreciated.

lily84

Hi poppy,  I just had a look at the local council site for info on HB and CT, and all it says about non dependant deductions is this:-

(The government set standard non-dependant deductions which normally increase each April.

Cases where a non-dependant deduction is not made

No deduction is made for any adult who is:

• under 25 and receiving income support, income-based jobseekers allowance, or universal credit where they have no earned income
• receiving pension credit
• a full-time student, (unless they are working at least 16 hours during holidays)

The amount that will be deducted for other adults depends on their weekly income.)

---------------

No mention of any non deduction for non dependants and pensioners.   Does it differ between different councils?

poppy123456

You missed a whole section there. 

See link https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_deductions_when_living_with_non_dependants

When no deductions should be made

The council must not make a deduction if you or your partner get any of these benefits:

• personal independence payment (PIP) - daily living component 

• disability living allowance (DLA) - care component 

• attendance allowance

• armed forces independence payment

lily84

Hi,   strangely that bit is not on the local council website, weird huh.

lily84

Hi poppy,  my local council are still wanting to have bank statements from the non dependant and there is nowhere on the local council website about people on attendance allowance  not having non dependant deductions made, it just still mentions about -

• under 25 and receiving income support, income-based jobseekers allowance, or universal credit where they have no earned income
• receiving pension credit
• a full-time student, (unless they are working at least 16 hours during holidays.

Can my council have different eligibility rules to other areas of the country?

poppy123456

lily84 said:

H
Can my council have different eligibility rules to other areas of the country?

No, the rules are the same nationally. 

lily84

Ok thanks poppy.  What should I do is they still say there is no exclusion for people on attendance allowance.?  It is strange that every other council website lists AA on there but my local council only mentions pension credit etc.

poppy123456

Point them in the direction of the housing benefit regulations 2006 where it specifically states someone in receipt of AA will have no non dependent deductions. I'd advise you to send them this actual link. 

(6) No deduction shall be made in respect of any non-dependants occupying a claimant’s dwelling if the claimant or his partner is—

(a)blind or treated as blind by virtue of paragraph 13 of Schedule 3 (additional condition of the higher pensioner and disability premiums); or

(b)receiving in respect of himself either—

(i)attendance allowance; or

(ii)the care component of the disability living allowance.

https://www.legislation.gov.uk/uksi/2006/213/regulation/74/made

lily84

Ok will do, much appreciated.