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Good morning @milo2022
Welcome to the community, I hope you're having a nice Saturday morning.
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milo2022 said: She already has a spare bedroom as she currently pays bedroom tax on it but i dont know about any benefits whether it would affect housing benefit as she isnt on universal credit shes on the old system still
poppy123456 said: Will you be paying her anything as a lodger? If you will then as advised by calcotti this will affect her benefits. Have you also considered the impact it may have on you if you live with other people? Living with others after having your own home is completely different and could have a big impact on yourself and those that you'll be living with. If you give up your home it won't be easy to find somewhere else to live.
Hi,
Thank you for clarifying the situation. As I understand it you are proposing to give up your tenancy and move in with someone – let’s call her “A” in order to care for one of her adult sons who lives with her. You are on UC and also get PIP and A is on legacy benefits and is also on PIP. You say that you are not moving in to be a couple. This is really important. On the basis of what you say, I can only reiterate the advice given previously. Please think carefully before you do anything as you may find it very difficult to be rehoused if things don’t work out.
Your UC claim and PIP
1 Your housing costs element in your UC will come to an end as to qualify for the housing cost element you must normally occupy the property for which you pay rent. Are you intending to move in permanently with A? If you are only temporarily absent from your normal home, you can continue to be occupying it for up to 6 months whatever the reason for the absence. Your absence must not be expected to last longer than 6 months. Perhaps this might be a sensible option for you to consider?
2 You will not get housing costs in your UC if you move to A’s house because either you are receiving housing costs in respect of your normal home because you are temporarily absent or because you are not living at A’s house under a commercial tenancy agreement.
3 Your LCWRA element will be unaffected
4 Your PIP will be unaffected
A’s legacy claim
1 Her Pip and ESA will be unaffected subject to some any payments paid in respect of rent may be taken into account as income - see 3 below
2. Your moving in will not trigger a claim for UC unless you are moving in to be a couple in which case you will both need to claim UC as a couple. You will not have a choice.
3 For the purposes of ESA and HB if A shares her home with you under an informal arrangement any payment you make to her for living and accommodation costs is ignored but a non dependent deduction may be made from any housing benefit. If A lets out a room to you under a commercial arrangement £20 of the weekly charge is ignored and the rest is counted as income. there is a slightly different rule if A provides some meals but you have said that you intend to be self sufficient. There will not be a non dependent deduction made because A receives PIP – provided it is the daily living component. In any event you claim UC and provided you don’t have any earned income no non dependent deduction will be made. This link is really helpful
How to deal with the bedroom tax - Shelter England
This says A won't be affected by the bedroom tax if a friend or family member moves into the spare room and they don't pay rent. She wont be won't be affected by the bedroom tax either if she rents out the spare room to you as a lodger. Some of the rent you will pay you counts as income and some is ignored. In this scenario it might be sensible if there was a legally enforceable tenancy agreement between you. You would be able to get a housing cost element in your UC in respect of the rent and she would need to give you notice if she wished to terminate the tenancy. In this case you could not say you were temporarily absent from your "old" home .
I would really urge you to think things through carefully as you could be left in a very vulnerable position if things don’t work out and you have given up your tenancy. If there was a commercial agreement between you and A terminated it you would at least be able to show that you had not intentionally made yourself homeless in giving up your previous tenancy.
Sue_Scope said: Read on .. I think I covered that point further on in paragraph 3. Apologies if unclear.
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