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I currently live in a flat which I rent from a H/A.. I get help with council tax, and rent.. My situation is about to change as my parents live in there own home, but also own a flat.. My parents are both elderly and mums got dementia and dad would like me to live in there flat, which is only 3 minutes from them.. Will I loose my own benefit of esa.. I'm worried that I will have no money to live on if I make the move


  • thespiceman
    thespiceman Member Posts: 6,389 Disability Gamechanger
    Hello @Boolois   Pleased to meet you welcome.

    Thank you for joining and sharing.

    I am one of the team of community champions.  We guide, advise and help new members who join the forum.

    Please may I suggest you speak to CAB your local office. They may be able to advise you on your question.

    They have knowledge and expertise on benefits and housing matters.

    I know there are members of our team or community be in touch to offer anything else.

    Hope that helps.

    Please have a look around our website for any other information.

    Please take care.

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  • April2018mom
    April2018mom Posts: 2,872 Connected
    edited August 2019
    Have you talked to your local council? They can give you more information on supported accommodation and independent living too. There are a number of options for young adults with a disability including assisted living and adapted properties. Take a look at this article with more information
    Do you have a social worker or not? They should be able to answer questions and offer information. I’m pretty independent so I talked to a expert on housing matters and was able to use my DLA to cover the costs of a apartment. I currently live alone with my partner. 
  • david235
    david235 Member Posts: 170 Pioneering
    It is the housing side of your situation that needs proper advice in my opinion, @Boolois. If you go to live in your parents' flat, you probably will have to give up your housing association flat as there is probably a condition in the tenancy requiring you to live in it as your main home. Giving up a social housing tenancy is a big step, as new social housing tenancies are very difficult to obtain and will almost certainly be for a fixed period rather than lifetime.

    You likely cannot get help towards any rent your parents want or need to charge because the flat is in family ownership.

    Unless your parents give you a tenancy agreement on the flat you have very little security of tenure.

    You need to think through what will happen when your parents are no longer here. There are many scenarios. If they are prepared to leave you the flat in their wills then it would be yours - but that assumes that they don't need that money (e.g. for care costs) before they both pass on. If you inherited the flat then you would be responsible for the service charge, ground rent, insurance and repairs - and you cannot normally get help with these costs from the benefits system.

    One alternative would be mutual exchange of your existing housing association flat with a social housing property near your parents. This would have the advantage of keeping you in the social housing sector with your security of tenure not dependent on what happens to your parents. Mutual exchanges are not without their challenges and pitfalls - if you are interested in this option, I suggest you get advice.

    The benefits side of things is likely to be more straightforward. If you continue to live by yourself, your ESA should not be affected - though if you get income-related ESA and you land up caring for your mother for 35 hours a week and she has Attendance Allowance then you may well be entitled to a Carer Premium in the ESA.

    As with housing, it is impossible to give full advice in a forum like this. I strongly recommend getting proper advice on your specific circumstances.
  • April2018mom
    April2018mom Posts: 2,872 Connected
    In any case I suggest obtaining professional legal advice. What will you do when your parents are no longer here? Do you have a will drawn up yet or not? Definitely speak with a lawyer about drafting a will.
    If you own a flat, the benefit system will not be able to help you cover the maintenance fees of owning a flat. Do you have a job or not? Unless you have a tenancy agreement, unfortunately you will not have security of tenure. My advice is to carefully look at all of your options then decide. 
  • Adrian_Scope
    Adrian_Scope Posts: 8,576 Scope online community team
    edited August 2019
    Hello @Boolois and welcome to the community. :)

    As @david235 said, it's unlikely you'll get any help towards rent when living in your parent's flat, so you need to keep this in mind if they are planning on charging you rent. Your ESA will move with you and shouldn't change.

    With regards to your council tax support, are you staying within the same local authority? If so, the % of support shouldn't change, although the council tax may be higher or lower in your new home. If it's a different council authority, they may calculate any council tax support differently so the level of support you get may change. 
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