If I move into a new house within the same LA with one other person who works, can I still get SDP?

kami24

Hello I currently live in a flat alone but if I move within the same local authority into a house with one other person like a flatmate (they own the house and I Rent a room.)as the rent would be cheaper and they work, would I still be entitled to the severe disability premium?? 

kami24

I already receive pip and Esa support group and severe disability premium 

BrettW

Severe disability premium

You must get the disability premium or income-related ESA, and one of the following qualifying benefits:

• PIP daily living component
• AFIP
• DLA care component at the middle or highest rate
• Attendance Allowance (or Constant Attendance Allowance paid with Industrial Injuries Disablement Benefit or War Pension)

You usually cannot have anyone aged 18 or over living with you, unless they’re in one of these situations:

• they get a qualifying benefit
• they’re registered blind
• they’re a boarder or subtenant (but not a close relative)
• they make separate payments to the landlord

You cannot get the severe disability premium if someone is getting Carer’s Allowance or the carers element of Universal Credit for looking after you.

Just pulled that off the Gov website. It looks like you would still qualify if you are living in shared accomodation with someone who makes seperate payments to the landlord but I would speak to CAB just to get it confirmed.

kami24

What if it was a live in landlord? I dont want to go onto uc and lose alot of money 

BrettW

The best thing you can do @kami24 is phone CAB and ask them their advice as the situation you are suggesting there is a bit unique

kami24

Thankyou anyway. I will ring them 

lisathomas50

@BrettW I dont know how to fo whst you did but normaly if rent is being paid on the property   your living in and its housing benefit  when moveing to another place then they would be put  onto universal credit as there is no housing benefit  rent is paid in with your  universal credit 

I am not sure if you can get disability premium whilst your on university credit  but would have to ask about the limited capacity for work that can be paid in your universal credit 

kami24

Rules changed 27th Jan I read 

BrettW

Like I said @lisathomas50 Kami needs to get advice on this one from somewhere like CAB who will have people with specialist knowledge on this situation and get it confirmed

lisathomas50

@BrettW I didnt see that sorry until after I posted 😔 

calcotti

lisathomas50 said:

@BrettW I dont know how to fo whst you did but normaly if rent is being paid on the property   your living in and its housing benefit  when moveing to another place then they would be put  onto universal credit as there is no housing benefit  rent is paid in with your  universal credit 

That's not correct. If the move is within the same local authority then the existing Housing Benefit can be revised to take account of the new tenancy. It is only if the move is to a different local authority that UC would need to be claimed if help with rent was required.

kami24

Think If You are on severe disability then you can move counties too but that's not my issue haha

lisathomas50

@calcotti ok maybe its different where you are then the information given to me  from the local council yesterday was if there is a break in the rent when you move from one property to another then we had to claim universal credit if we needed help with the rent as there is no housing benefit for new claims 

OverlyAnxious

kami24 said:

Think If You are on severe disability then you can move counties too but that's not my issue haha

No, that's not correct sadly.  You just get a little extra UC for now to cover some of the lost SDP.

Will you have a proper tenancy agreement with the landlord?  If not, I don't think you'd be allowed HB or SDP.  If you will then it's possible.  As others have said though, it's such a unique situation that you really need some proper advice.

lisathomas50

calcotti

Kami - are you claiming housing benefit? If so you need to bear in mind that if you move from a one bedroom flat to renting a room your housing benefit entitlement will go down so although your rent will be less you may be no better off in terms of your housing costs. At the moment you are entitled to the one bedroom Local Housing Allowance rate, if you are a lodger you will (I think) only be entitled to the shared room rate. 

As regards the SDP, if you have a commercial agreement with your landlord and they are not related to you then they are not part of your household and you should still get the SDP. DWP may ask questions to confirm that you are not in fact a couple.

calcotti

lisathomas50 said:

@calcotti ok maybe its different where you are then the information given to me  from the local council yesterday was if there is a break in the rent when you move from one property to another then we had to claim universal credit if we needed help with the rent as there is no housing benefit for new claims 

If there is a break that is true. A break means a gap between the two tenancies. If you go straight from one tenancy to another there is no break and the HB can continue. 

calcotti

kami24 said:

Think If You are on severe disability then you can move counties too but that's not my issue haha

The SDP Gateway as it was called ended last week so this is no longer true.

lisathomas50

@calcotti thanks for that here if we move from one property to another the housing benefit stops on the property we are movring out of so we have to claim for help on the new property which is why alot of people went onto universal credit 

2 years ago I moved 2 doors down and had to claim my rent again 

On universal credit it doesn't make any difference because your rent is in with universal credit  you just need to notify of your new address 

I was havring a discussion the other day how things in England are done differently to Wales a few links have been put on here thst only apply to England so i ask about the Welsh version 😆  it can be confusing lol as the the Welsh have their own government  information for Scotland is different aswel 

calcotti

Housing Benefit is governed by national rules. My comments relate to England rules.  I'm going to add a note as a signature to my posts making this clear.

lisathomas50

@calcotti I am in wales 

Cher_Scope

@lisathomas50 The distinction between Welsh and English benefits legislation can be very confusing, I agree. 

Amending your signature to highlight that your comments relate to England (unless otherwise stated) is a helpful move @calcotti - Thank you for your benefits assistance 

@kami24 Please keep us updated with how you get on.  Good luck!

lisathomas50

@calcotti  thank you  I think your  brilliant  I wasn't saying you were wrong I think thst would be helpful if people said as I often have to ask does this cover wales 

I wasn't disrespecting you and I am sorry if you thought I was i value what I have seen of your comments on this forum  

lisathomas50

@Cher_Scope thank you   its hard to explain sometimes  and I very much like @colcotti and they are very good on their advice  

calcotti

I am not aware of any differences between England, Wales and Scotland in respect of Housing Benefit. To the best of my knowledge the Housing Benefit Regulations 2006 are still the relevant regulations for all parts of Great Britain. If so would be incorrect for a local authority to state that a change of address within the same local authority requires a new Housing Benefit application. Of course it is not unknown for local authorities to apply the law incorrectly.

kami24

Thank you all. Im not offended Lisa no worries 

lisathomas50

@kami24 thank you its hard when there are different rules for England  and Wales  more so now in the pandemic  

calcotti

lisathomas50 said:

@kami24 thank you its hard when there are different rules for England  and Wales  more so now in the pandemic  

As already noted I don’t think there are any differences between England and Wales in respect of Housing Benefit.

lisathomas50

 We will have to agree to disagree 

chiarieds

@lisathomas50 - as mentioned, the Housing Benefit Regulations 2006. As you will see the geographical extent includes England, Wales & Scotland (E+W+S). Please see: https://www.legislation.gov.uk/uksi/2006/213/regulation/1?view=extent

lisathomas50

@chiarieds I dont realy want yo comment on it anymore becsuse it does happen happen here the piece of informant I posted further up the thread is from the Welsh council we changed last April 

calcotti

lisathomas50 said:

@chiarieds I dont realy want yo comment on it anymore becsuse it does happen happen here the piece of informant I posted further up the thread is from the Welsh council we changed last April 

As noted local authorities sometimes apply the law incorrectly. Here is the official guidance on how to apply Housing Benefit law
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/236955/hbgm-a6-deciding-and-paying-benefit.pdf

Change of address

6.424 If the change of address is

• to another LA’s area, you may end the benefit award

• within the LA’s area it may be treated as a change of circumstances as long as you are satisfied you have enough evidence to support the change, if so supersede the decision, see C6 Reconsidering, revising and superseding decisions later in this manual

lisathomas50

lisathomas50

That is off the Welsh government website 

calcotti

It says you can’t make a new claim. No one is disputing that.
The point is that a change of address within the same local authority does not require a new claim, the existing claim is simply revised.

Cher_Scope

Hi @lisathomas50 This is a friendly reminder to not deviate threads from the OP's question.  I've checked the information and links kindly provided by @chiarieds and @calcotti and they evidence that housing benefit claims should continue where moves remain within the same local authority. 

To avoid conflict, please remember the online community guidelines and although I appreciate it is with the best of intent you commented, bear in mind double checking information you provide is correct and appropriate

Seanchai

In Scotland , it depends in what council area  you are in as different councils give different benefits . There are a few different rules in Scottish councils...we now cannot buy council houses . The Scottish government are in the process of buying back council houses that were sold off ...plus we do not pay bedroom tax up here  or pay for prescriptions . We are also helped to the tune of £140  to help with our winter Bill's.  All the " wee"  odds and ends soon add up  👍👌🏴󠁧󠁢󠁳󠁣󠁴󠁿

calcotti

Seanchai said:

In Scotland , it depends in what council area  you are in as different councils give different benefits . 

Not in respect of Housing Benefit. As noted in previous posts Housing Benefit in the three countries of Great Britain comes under one set of regulations.

kami24

Hi so if I move to a room like a flatshare and the landlord rents the room out and doesn't live there and only one other renter lives there who doesn't own it shares it with me will I still be entitled to my sdp? 

kami24

Shares the flat *not the room 

calcotti

As previously advised, if renting a room in a shared house you would still be entitled to SDP if you meeting the qualifying conditions. 

woodbine

@lisathomas50 benefit rules are the same in England and Wales, there are some differences in Scotland and N.I as they have more devolved powers.

lisathomas50

@woodbine not i am not allowed to comment 

calcotti

calcotti said:

Kami - are you claiming housing benefit? If so you need to bear in mind that if you move from a one bedroom flat to renting a room your housing benefit entitlement will go down so although your rent will be less you may be no better off in terms of your housing costs. At the moment you are entitled to the one bedroom Local Housing Allowance rate, if you are a lodger you will (I think) only be entitled to the shared room rate. 

Kami, reading through this thread again I now think this earlier post of mine is incorrect. Because you are entitled to the SDP, even if you live in shared accommodation you will remain entitled to the one bedroom Local Housing Allowance rate. I apologise.