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TOPIC: Housing Cost Contributions:DLA PIP

Housing Cost Contributions:DLA PIP 3 weeks 6 days ago #211289

Hello to all,

I would like to share the following information:

My partner currently receives DLA and ESA.

If you claim Housing Benefit there is a longstanding Rule of Law which states:

if a claimant or their partner is either in receipt of

(a) Disability Living Allowance at the middle or higher rate: or
(b) PIP Daily Living Component

then any income of adult non-dependants that live with you is disregarded - when working out your housing benefit entitlement.

However if you claim Universal Credit (UC), and receive your housing costs through UC then:

The above Housing Benefit rule relating to DLA and PIP claimants has been ambiguously reworded in such a way under Universal Credit Regulations 2013 to cause confusion.

Because of this, Universal Credit stated unequivocally to my partner and me, that the old Housing Benefit rule does not apply to clamants/partners under Universal Credit.

Universal Credit kept stating throughout that the rule only applies to 'non-dependants' who are in receipt of either DLA Care component ;middle/higher or PIP Daily Living component.

Housing cost contributions started to be deducted every month because of our non-dependant adult children who live with us.

After several months of appealing against this, we finally won our appeal.

The old Housing Benefit rule (on Zero non-dependant deductions) which relates to those clamants/partners in receipt of DLA care component/middle-higher rate and those in receipt of PIP Daily Living Component does still exist under Universal Credit.

If you or your partner receives either:
DLA care component at middle or higher rate: or
PIP Daily Living Component

And are claiming Universal Credit:

Then you are entitled to receive your housing costs without deductions for adult non dependants that live with you.

All my best,
Kramer
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Housing Cost Contributions:DLA PIP 3 weeks 6 days ago #211293

kramer

Unfortunately a First Tier Tribunal result will not force the DWP to change their guidelines and procedures. Anybody faced with this situation may well have to go to appeal themselves to get the right Decision on this.

Gordon
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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Housing Cost Contributions:DLA PIP 3 weeks 6 days ago #211309

Thanks for clarifying that important point Gordon.

I just hope that the information will encourage others in such a situation to challenge and appeal, so that they can get the correct decision.

kramer
The following user(s) said Thank You: chris, Waylay

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Housing Cost Contributions:DLA PIP 3 weeks 5 days ago #211341

Just quote them the law, chapter and verse:

Housing Benefit Regulations 2006 > 2006 No. 213 > Part 8 > Regulation 74 > (6)b.

(6) No deduction shall be made in respect of any non-dependants occupying a claimant’s dwelling if the claimant or his partner is—

(a)blind or treated as blind by virtue of paragraph 13 of Schedule 3 (additional condition of the higher pensioner and disability premiums); or
(b)receiving in respect of himself either—
(i)attendance allowance; or
(ii)the care component of the disability living allowance“

www.legislation.gov.uk/uksi/2006/213/reg...n/74/made?view=plain

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Housing Cost Contributions:DLA PIP 3 weeks 4 days ago #211370

nonsmoker2008


I'm not sure whether UC uses these Regulations or whether it has it's own.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Housing Cost Contributions:DLA PIP 3 weeks 4 days ago #211373

Shelter would know at a guess although good luck anyone wanting for them to answer the phone ever. Surely the law is the law though, as opposed to departmental policies... Housing Act vs. some DWP wishlist.

I can't see how they can't follow the law but thats officialdom I guess

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