Housing and independent living
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Advice on moving

misguidedmisguided Member Posts: 4 Listener
My father in law recently lost his wife, they had a joint tenancy with a housing association. The tenancy was made into a single one. He has asked my husband (his son) and I to move in with him as he has recently had a fall and chest pains which scared him. He is currently receiving pension credit guaranteed and a small savings element, state pension and DLA high mobility and low care. Both my husband and I get PIP, I get both high mobility and care, and my husband get standard rate. 
Will my father in law lose any housing benefit or council tax support he currently gets or any of his pension credit.

Sorry it is soo long 


  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @misguided and a warm welcome to the community! I'm glad you found us. :)

    Do either yourself or your husband work? Also, you either of you have any savings or receive any support with housing? 

  • misguidedmisguided Member Posts: 4 Listener
    Hi Chloe_Scope,

    No neither of us work and we dont have any savings. As we currently get UC we have out rent paid via our payment of UC but we know that that element will be stopped
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    Hello @misguided

    Shelter says that as he is receiving the Care Component of DLA that he should be exempt from non-dependent deductions. 

    When you're exempt

    You're exempt if you or your partner are registered blind, or if either of you get any of the following benefits:

    • personal independence payment (PIP) - daily living component 
    • disability living allowance (DLA) - care component 
    • attendance allowance
    • armed forces independence payment

    Your housing benefit can't be reduced by non dependant deductions.

    Senior Community Partner
  • misguidedmisguided Member Posts: 4 Listener
    Many thanks for your reply, also would his pension credit and his council tax be affected 
  • misguidedmisguided Member Posts: 4 Listener
    Hi, @Adrian_Scope
    Thanks for your reply. 
    My apologies as some information was wrong, my father in law doesn't get the care component only the high motability, but I get enhanced rate for care and motability PIP and my husband gets standard rate (currently under appeals tribunal as he had high for both when he was awarded DLA indefinitely back in 1986) for both care and motability. How would this affect my father in laws rent and council tax. 

    We will be put down as living there but not as a tenant on the tenancy 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    edited June 2020
    Hello @misguided
    Unfortunately he needs the care element to not receive Non-Dependent Deductions.

    A few other options for you:

    If his mobility DLA is pretty secure he could ask for a supersession to try and get the care side of DLA (definitely get some advice from Welfare Rights or CAB before doing this, but if he's having falls he may be entitled to care too).

    Or he could try and have your and his son added to the tenancy agreement and you and your partner could look at claiming rent help to help with your side of it. I don't know your situation to know if that's a possibility though.

    Senior Community Partner
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