What benefits am I entitled to?
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Housing benefit confusion

AnneOfGreenGablesAnneOfGreenGables Member Posts: 12 Listener
Can anyone help me to clarify HB in relation to ESA with a support component please?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited November 2018
    Hi,

    Can you be more specific with your question please? It's not clear what exactly it is you're asking.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • AnneOfGreenGablesAnneOfGreenGables Member Posts: 12 Listener
    Hi - is this where I can post a question about HB in relation to ESA support component?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This is where you posted a question yes but no one can help unless you're more specific with your question.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • AnneOfGreenGablesAnneOfGreenGables Member Posts: 12 Listener
    Thank you @poppy123456 - I didn't want to post specifics until I was sure I was posting in the right forum  :) Here is my confusion: I used the 'EntitledTo' benefits calculator and the result was different from using the 'gov.uk' calculator. I am apparently exempt from the Benefits Cap as I am in receipt of ESA - income-related - support group (not Wrag) as I get a support component. What I don't understand is where the support component comes into play. I've also read on the Martin Lewis website (under the Landlord Zone) that states if you're in receipt of certain benefits, your full rent is paid. So it's all very confusing. Here is my latest ESA award letter: 

    Your Living Expenses:  £73.10
    Extra money because of the Disability Income Guarantee:  £16.40

    Limited capability for work addition 
    Extra money because you are in the support group:  £37.65

    Which gives a total income-related amount:  £127.15

    Income and Benefits
    No income will be taken off your Employment and Support Allowance

    Your income-related amount is £127.15 less total income of £0.00

    So your income-related entitlement is:  £127.15

    So, my LHA is £80.55 per week (1 bed entitlement / self-contained shared rate). I am single, no partner, no dependants and over 35 years of age.

    I am a private tenant and my rent per month is £430.00 (£30.00 of which is for service charges including council tax).

    My question is: (a) Am I getting full HB entitlement because I am exempt from the benefit cap and (b) where does the 'support component' come into play in relation to HB.

    Thank you. 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Yes, being in the Support Group means you're exempt from the benefit cap. The support component you talk about is the £37.65 added onto your ESA for being in the Support Group. This is nothing to do with your housing benefit claim.

    I think your problem here is you're only claiming the shared rate, which was correct when you were under 35. As you're now 35 then you should be claiming the 1 bed rate of LHA. See link for confirmation of the LHA rate for you.

    As for the council tax included then i'm not sure what happens to that part of your rent. Usually council tax reduction needs to be claim separately.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • AnneOfGreenGablesAnneOfGreenGables Member Posts: 12 Listener
    @poppy123456 - I am on the 1 bedroomed rate as I have a separate living space. The LHA rates online for this LA confirm this and I was sent a letter from my LA confirming this. I'm not querying the bedroom rate. My rent per calendar month is £430,00 and my HB is £350.01 leaving me with a shortfall of £80.00 per month. I have been refused DHP and was wanting to know before I ask for a DHP review, exactly how much I should be receiving in HB. Thank you. I will now type out a review request for DHP.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You can't receive anymore HB than you're entitled to and that will depend on the LHA rates for your area. I have no idea what area you're in so i'm afraid i can't help you with that one. It should tell you online what the rates are for your area.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • AnneOfGreenGablesAnneOfGreenGables Member Posts: 12 Listener
    @poppy123456 - I know I can't receive anymore HB than that which I'm entitled to. All I asked for was clarity in relation to HB and the ESA support component. That has now been clarified. I also know the rates in my area. That too was never something I sought clarification over. My LHA rate is correct. That is not and never has been, in dispute. I know that many in the ESA income-related support group are baffled by the support component in relation to HB. Thank you for taking the time to reply. I can now move forward and write to the council in relation to refusal of DHP, now that I'm equipped with full knowledge of how HB works in relation to the ESA support component. Have a good day.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Were you living in the property before you claimed housing benefit? If you were and you were able to afford the rent before you claimed HB then this will be a good starting point for the MR for the DHP decision. Showing that you were able to afford the rent before you claimed HB. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • BillyMacBillyMac Member Posts: 4 Listener
    Hi if I my I have a question along same lines on HB as OP if I may.
    Do council authorities all have different rules as to what benefits are means tested?
    Reason I ask is I am in receipt of Industrial Injuries Disablement  Benefit alongside my DLA 
    My IIDB is not set aside and neither is the CA my wife claims, yet when on benefits calculator it says both should be set aside when calculating HB and CT benefits.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited November 2018

    Sometimes a benefits calculator isn't the best place to work out what benefits you're entitled to or how much you should be receiving. IIDB is counted as income for means tested benefits such as housing benefit, Income related ESA/JSA etc Council tax reduction will depend on your local council but i'm assuming it will reduce the amount you can claim too.

    CA is taxable and also counts as income for both.

    See link for IIDB and scroll down to 4.4

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • BillyMacBillyMac Member Posts: 4 Listener
    edited November 2018
    Thanks Poppy , Just never been sure regarding whether IIDB is non means tested .My own opinion is the clue is in the name of the benefit it's a disablement benefit but for some reason isn't treated as such by the DWP.
    Like thousands of others my wife gave up a well paid nursing job to become my carer and her reward is a paltry £64 per week for saving the government God knows how much over the last 12 years. Some of which is taken back in the rent and council tax we have to pay. Then I look at others around that have never worked paid paye and get everything going after contributing nothing all  the years my wife and I worked.
    The system really disgusts me at times.
    Sorry,
    rant over 😇
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When claiming a means tested benefit then there's an amount the law says you need to live on and housing benefit/CTR are both means tested. Unfortunately, that's the rules.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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