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Loss of housing element after small earnings. (UC/ESA/PIP/LCWRA)
- Pendle
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1 day 3 hours ago #310518 by Pendle
Loss of housing element after small earnings. (UC/ESA/PIP/LCWRA) was created by Pendle
Hello
I did reply to my original query on this, but it hasn't appeared after clicking submit.
Anyway, I'm on LCWRA, and I had a chat with the self-employment coach recently to discuss doing a bit of occasional work.
She told me that because I have the housing element (my £150 a month factor fees are paid) then I can earn £411 per month before it affects my benefits.
I said I was okay with that and made the change.
I reported my earnings and the statement that was produced yesterday had £150 missing. I've queried this on my journal, but have since found out that as a homeowner, the housing element can no longer apply.
I'm now in a position where I have no choice but to get work to make up the missing £150 per month. What I would get with my part time earnings won't come anywhere near this.
I can make a complaint that I wasn't told about the housing element, but it's not going to make any difference to the outcome. I've had earnings and now have to wait another 9 months.
I'm really upset at this. If the advisor had told me that I would lose my factor fee payment then I wouldn't have gone ahead with this. Friends have supported me with the cost of getting everything up and running and I feel a failure.
I did reply to my original query on this, but it hasn't appeared after clicking submit.
Anyway, I'm on LCWRA, and I had a chat with the self-employment coach recently to discuss doing a bit of occasional work.
She told me that because I have the housing element (my £150 a month factor fees are paid) then I can earn £411 per month before it affects my benefits.
I said I was okay with that and made the change.
I reported my earnings and the statement that was produced yesterday had £150 missing. I've queried this on my journal, but have since found out that as a homeowner, the housing element can no longer apply.
I'm now in a position where I have no choice but to get work to make up the missing £150 per month. What I would get with my part time earnings won't come anywhere near this.
I can make a complaint that I wasn't told about the housing element, but it's not going to make any difference to the outcome. I've had earnings and now have to wait another 9 months.
I'm really upset at this. If the advisor had told me that I would lose my factor fee payment then I wouldn't have gone ahead with this. Friends have supported me with the cost of getting everything up and running and I feel a failure.
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- David
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13 hours ago #310535 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Loss of housing element after small earnings. (UC/ESA/PIP/LCWRA)
Hi Pendle
As you can see from the official guidance below the reduction in your UC is correct.
Circumstances where no amount of HCE
will be included in an award of UC
No HCE where the owner-occupier has earned income
F4020 No HCE will be included in an award of UC for an assessment period where1
1. the owner-occupier has any earned income or
2. if the owner occupier is a member of a couple, the other member of the
couple has any earned income.
Note: See ADM chapters H3 and H4 for more guidance on earned income.
1 UC Regs, Sch 5, para 4(1)
F4021 For the purposes of F40201
1. the nature of the work
2. its duration or
3. the amount earned
are not relevant when considering whether the claimant has earned income.
1 UC Regs, Sch 5, para 4(2)
F4022 Where the home is shared ownership the rental element and, if relevant, any service
charge will still be eligible for an amount of HCE to be included in an award of UC1.
Note: See ADM chapter F2 for the definition of shared ownership.
1 UC Regs, Sch 5, para 4(3)
David
As you can see from the official guidance below the reduction in your UC is correct.
Circumstances where no amount of HCE
will be included in an award of UC
No HCE where the owner-occupier has earned income
F4020 No HCE will be included in an award of UC for an assessment period where1
1. the owner-occupier has any earned income or
2. if the owner occupier is a member of a couple, the other member of the
couple has any earned income.
Note: See ADM chapters H3 and H4 for more guidance on earned income.
1 UC Regs, Sch 5, para 4(1)
F4021 For the purposes of F40201
1. the nature of the work
2. its duration or
3. the amount earned
are not relevant when considering whether the claimant has earned income.
1 UC Regs, Sch 5, para 4(2)
F4022 Where the home is shared ownership the rental element and, if relevant, any service
charge will still be eligible for an amount of HCE to be included in an award of UC1.
Note: See ADM chapter F2 for the definition of shared ownership.
1 UC Regs, Sch 5, para 4(3)
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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