Housing Benefit Nightmare.

Evoway13

Until 30th August 2022, myself and my husband were getting 100% Housing Benefit. Here's a rundown of how long we've been on benefits. I was put on IB back in 2004 after I had to finish work due to disability. I was also on full DLA both components. In 2009, my husband had to finish work to be my full time carer as my parents were finding it too difficult due to their advancing age. In 2013, I was migrated onto ESA - both Contribution based and Income Related - support group (a joint claim with my husband). in 2019 I moved over to PIP getting standard rate care and high rate mobility (which we use for our car). My husband claims carer's allowance for me. Later that year, my husband had a near fatal heart attack and was diagnosed with 70% heart failure. Over these last couple of years, his condition got worse and we were advised to apply for PIP - which he also gets standard rate care and high mobility. We have two children - a disabled daughter (who received high rate care pip and uc - she's recently had a work capability assessment and was put into the support group). Our son is 18 and has just started studying a degree. He is to live at home as university is situated in our town. He doesn't claim any benefits. Our tax credits and child benefit ended on 30th August as he was leaving non advanced education. 
  We told our local council's benefit office of all the changes. Yesterday, we received a letter stating that we have to pay 'full' rent - we are only entitled to 50p a week Housing Benefit. They are now demanding over £500 today otherwise they will start seeking possession. I thought that maybe a small amount would be deducted from our Housing Benefit now our son has left college but, they keep saying we have to pay full rent now as we have no dependent children. I am so confused as everywhere I search it states that adults on PIP get some Housing Benefit - surely it's more than 25p per week? This is the same council that are sending out council tax bills of between £109 and £2500....that's in the last 12 months. We had a court letter to state they were taking us to court for non payment of council tax - the amount was £259. We borrowed it from my mother in law and paid it. The council returned the full amount to us and cancelled the court appearance. They said they'd made a few errors but, are now stating we owe £2500 council tax. The house was fully adapted by them for me including a through floor lift, downstairs bedroom and ground floor bathroom. We've only ever had to pay £109 per year in the past. Could anyone please advise us what to do because our council's benefit's office aren't listening 

Biblioklept

Have you put your details into a benefit calculator to see if they say the same for housing benefit? It doesn't sound right to me even with deductions as your son is an adult.

Do you still get income related ESA? If so I thought this passported you to full housing benefit, plus any non-dependant deductions. 

You council tax will probably be different because of your son becoming an adult too but I wouldn't have thought it would change that much.

I do think you need to do a benefit calculation to see what it says for housing benefit and to check if you and your husband might be better off on universal credit  

calcotti

I endorse what biblioklept,
1) if you get any income based ESA that passports you to maximum HB. 
2) because you get Daily Living PIP there should be no non dependant deductions from the HB
If you are getting nowhere with the council yourself is there a Citizens Advice that you can access for help.

Evoway13

We rang the DWP and they were as confused as us.It appears that they class me as being on Contribution based ESA - even though my yearly update says 'total income related amount' in the calculations. Apparently they've not been including any disability premiums on my ESA and they're going to ring back on Monday. 

I forgot to add that I made a complaint about a housing benefit officer a few months ago. He was extremely nasty and arrogant on the phone. He was demanding rent payments (another error as it turns out). He was a former car salesman and told me how 'lucky' I was to get benefits and a 'free car' (mobility) as he had to work to provide for his children. I was in tears when he'd done and I immediately put a formal complaint in. I think he was reprimanded. Since then, we've had nothing but distress and upset with that particular office. I didn't know whether to get onto the ombudsman. The office keep sending out random demands for both rent and council tax ......

hass

 Hi all 
Please  go to your citizen advise. 
 

calcotti

Evoway13 said:?.He was demanding rent payments (another error as it turns out). He was a former car salesman and told me how 'lucky' I was to get benefits and a 'free car' (mobility) as he had to work to provide for his children. I was in tears when he'd done and I immediately put a formal complaint in. 

Those comments were completely inappropriate, I’m glad you’ve complained.

Evoway13 said:

..Apparently they've not been including any disability premiums on my ESA and they're going to ring back on Monday. 

Your income based entitlement should include premiums if applicable. If this means you get any income based extra ESA (no matter how little) you will then be entitled to full HB and if the ESAi s backdated the HB calculation will have to be backdated too.

The old type of ESA can be both contribution based or income based or a mix of both. The contribution based part can only include the single person allowance and the Support Group component.extra money for a partner and premiums can only be included as part of the income based calculation.

Your income based calculation should include the couple allowance, the Support Group component, the Enhanced Disability premium and the carer premium. From this would be deducted the contribution based ESA entitlement and the Carer’s Allowance your husband receives. You should then be paid the balance as income based ESA in addition to the contribution based ESA.

 

Evoway13

There's just the carer premium - no enhanced disability premium

calcotti

Evoway13 said:

There's just the carer premium - no enhanced disability premium

And is the standard allowance for a single person £77 or a couple allowance £121.05.

I would expect you to have couple allowance £121.05, support component £40.06, Enhanced Disability Premium £25.35 and the carer premium £38.85. This makes £225.31. Carers Allowance of £69.70 is then deducted leaving £155.61. This would be £117.60 of contribution based ESA and £38.01 income based (although DWP would just call this an income based ESA award).

Obviously this deduction assumes that you have no other income taken into account.

Evoway13

That's exactly what I have on the award letter from the DWP apart from my husband's private pension of £66.10 pw....so, total income = £135.80. The income related amount would have been £89.51 but, because I'm entitled to CB they pay me £170.90

So, if the DWP class this as an IR award - I should still get Housing Benefit? My local benefit's office at the council are stating it's a CB award and therefore I have to pay full rent? Like I said since the complaint, they have tried to make our lives a complete misery. They've always classed it as an IR award up until the complaint.

They are including the £170.90 and Carer's Allowance and Pension into the calculations and are deducting Couple Allowance, Carer Premium x 2 and Disability Premium (couple)

calcotti

Evoway13 said:

That's exactly what I have on the award letter from the DWP apart from my husband's private pension of £66.10 pw....so, total income = £135.80. The income related amount would have been £89.51 but, because I'm entitled to CB they pay me £170.90

So, if the DWP class this as an IR award - I should still get Housing Benefit? My local benefit's office at the council are stating it's a CB award and therefore I have to pay full rent? Like I said since the complaint, they have tried to make our lives a complete misery. They've always classed it as an IR award up until the complaint.

They are including the £170.90 and Carer's Allowance and Pension into the calculations and are deducting Couple Allowance, Carer Premium x 2 and Disability Premium (couple)

Sorry but I am not following this - I can’t see where the £170.90 comes from. I calculated your ESA as £155.61. With the pension income of £66.10 the income based maximum ESA would be reduced to £89.51/week, as you say. You would therefore be paid the contribution based ESA of £117.60 (not £170.90). If you are not receiving any income based ESA your award is just a contribution based ESA and does not passport you to full HB.

Evoway13

On the bottom of the letter it states that I get a top up of £56.80 included in the award (due to swapping over from IB in 2013 to ESA)

calcotti

Evoway13 said:

On the bottom of the letter it states that I get a top up of £56.80 included in the award (due to swapping over from IB in 2013 to ESA)

That makes sense. I think the transitional top is counted as contribution based ESA in which case your ESA payment is all contribution based. 

calcotti

Do you mind be asking how much your rent is?  It might be worth using a benefit calculator to check what you might get if you switched to UC. You would be entitled to the couple allowance, LCWRA element, the carer element and the housing element. The ESA and CA would continue and be deducted from the UC. HB would end. CTR remains a separate benefit.

calcotti

Evoway13 said:

They are including the £170.90 and Carer's Allowance and Pension into the calculations and are deducting Couple Allowance, Carer Premium x 2 and Disability Premium (couple)

Are they not also including the Enhanced Disability Premium (couple)? Not sure it would make any difference to entitlement.

poppy123456

calcotti said:

Evoway13 said:

They are including the £170.90 and Carer's Allowance and Pension into the calculations and are deducting Couple Allowance, Carer Premium x 2 and Disability Premium (couple)

Are they not also including the Enhanced Disability Premium (couple)? Not sure it would make any difference to entitlement.

I think the disability premium mentioned above would be the Enhanced disability because the disability premium isn't payable when claiming ESA.

calcotti

poppy123456 said:

calcotti said:

Evoway13 said:

They are including the £170.90 and Carer's Allowance and Pension into the calculations and are deducting Couple Allowance, Carer Premium x 2 and Disability Premium (couple)

Are they not also including the Enhanced Disability Premium (couple)? Not sure it would make any difference to entitlement.

I think the disability premium mentioned above would be the Enhanced disability because the disability premium isn't payable when claiming ESA.

I’d forgotten that so you are likely to be correct,

Evoway13

Our rent is £88.84 a week

Evoway13

Do you know what the calculations would be on UC??? Thanks in advance (you have been so helpful btw)

calcotti

I calculate

Standard allowance £525.72, LCWRA £354.28, carer element £168.81 plus housing element £383.67 (assuming all of the rent is allowable) gives maximum amount of £1432.48/month.

£179.60 ESA, carers Allowance £69.70 and pension £66.10 = £315.40/week = £1366.73/month.

UC payable = £65.75/month.

You should use a benefits calculator yourself to check.

Evoway13

Is PIP included in the UC Calculation?

bg844

@Evoway13 PIP is separate to UC.