ESA and PIP award and Housing benefit

happy123

Hi all's just newly joined and what a great forum.  
I been granted ESA support group and Pip and am in receipt of severe disability premium added on as a result.  
I advised HB section of my council of the above .I live  in shared accomodation and been getting paid shared rate LHA and they said I have to STILL remain on shared rate and not 1 bedroom rate that I feel I should now be entitled to as  read that the SDP means I should  be on this now 

steve51

Hi @happy123

Welcome to our online community/family .

We have got some info on here to start with.

https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fadvice&index_url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fadvice&auth=cS5QioUSKAAiHJ7Ut3EdBQ&profile=_default&rank=1&query=Benefits

Please let me know if you require any further help/support????

happy123

Hi Steve'
I just wanted confirmation that I would be entitled to the 1 bed rate now that I receive SDP as part of my benefits.  My daughter has managed to deal with getting me a Blue Badge' Freedom Pass etc but my local Council are not granting me the 1 bed rate for shared accomodation...I am 59 years old and live alone in my own large bedroom and a separate but inclusive bathroom but share a kitchen with the other tenants . I have my own tenancy agreement with the landlord ..Is there any link s please to show I am entitled to the 1 bed rate due to my new situation with PIP ' ESA SG  and the SDP now applied to me.. 

steve51

Hi @happy123

I have managed to find you some info from the “GOV UK” website.

Here’s the link for you below.

https://www.gov.uk/housing-benefit/what-youll-get 

Please please let me know if there’s any more info that I can help you with??????

happy123

Hi Steve ' thank you very much' ' that is helpful ' someone mentioned also something about Section 2.080 in Housing Benefits Manual which is legally I think what applies in my situation ...I think my local Council HB section don't know what they talking about and so I will need to take this further if necessary and appeal that they not giving me the 1 bed rate under LHA rules

steve51

Hi @happy123

No probs it’s my Pleasure 😇😇

Please please let me know if I can help you further???

happy123

Thanks Steve' 
Have a lovely Christmas and New Year 

steve51

Hi @happy123

No probs it’s my Pleasure 😇😇

Have a great Xmas & New Year 👍👍👍

poppy123456

Hi,

As you're living in shared accommodation then you'll only be entitled to this even though you have a PIP award. See link for further details and scroll down to shared accommodation rate.

https://www.entitledto.co.uk/help/local-housing-allowance

happy123

Hi Poppy ' 

I actually think you are wrong as it is the entitlement to severe dusability premium on my ESA award as result of my PIP award that entitles me to the 1 bed rate of shared accomodation ..this is advised for in Section 2.080 in the Housing Benefits manual which I was advised abt by a DWP advisor and who told me to inform my Housing Benefits section . 

happy123

http://england.shelter.org.uk/housing_advice/benefits/benefits_for_under_35s_in_shared_housing.....there are exemptions to shared accomodation rate if have serious disabilities and on these  awards ' and so entitlement to the 1 bed rate should apply 

happy123

http://england.shelter.org.uk/housing_advice/benefits/benefits_for_under_35s_in_shared_housing

happy123

/storage/emulated/0/Download/lha-guidance-manual-3.pdf

happy123

Oops ' am trying to provide link to Housing Benfits Manual and Section 2.080 that applies 're Shared Housing and the LHA that should apply but it is difficult..but it is in Section 2.080 

happy123

Hi' can anyone advise please .if in receipt of ESA income related support group should HB be paid for all of "eligible rent"determined for by a Rent Officer for the accomodation lived in?.is this counted as an exemption from normal Local Housing Allowance rates due to it being based on effectively disability related.  

poppy123456

You can't claim anymore housing benefit than your circumstances allow you to claim. If you have a shortfall then you can apply for a discretionary housing payment from your local council. For this you'll need to fill out a form.

happy123

Hi Poppy 
Thank you for that.i know about Discretionary HB claims to top up if shortfalls ' but seeking clarity on whether if disabled and in receipt of ESA income related benefit' that entitles "full eligible rent " amount to be paid to a tenant for their HB claim,if they have no other income and are disabled and living alone. Basically as one of exemptions to the LHA rules pertaining to privately rented accomodation. 
Seems to be some confusion around this area tbh from things I have read.  

happy123

I will look to check with a lawyer and get some further advice I think 

poppy123456

Claiming ESA Income related doesn't entitle you to anymore housing benefit than your circumstances allow you to claim. I see from a post above that you're claiming PIP and the severe disability premium, is this still correct? Do you also live in the shared house? and are you asking if you're entitled to the shared housing allowance or the 2 bed rate?

Sorry but you're question isn't clear but then i read your previous comments.

happy123

I been advised that I am.entitled to 1 bed rate for shared accomodation based on my earlier question.

My current question is to do with  eligible rent rate..which is a different question and is this what is paid to a tenant in private rented if they are claiming  ESA income related benefit and in support group and therefore on a very low income with no savings .

Was wanting to know what people were paid in such circumstances 

poppy123456

It's not about being in the support group, it's about your circumstances and the amount of LHA for your area and all areas are different.

For example, someone claiming Income related ESA in the support group house sharing will be allowed the shared accommodation rate. Someone claiming SDP will be allowed the 1 bed rate.

I claim ESA support group with SDP and live with my dependent daughter, privately rented and am entitled to the 2 bed rate. If i lived alone i'd receive the 1 bed rate. The maximum i can claim for my area is £450 per month, so if my rent was more than this then i'd have to pay the extra towards it.

Someone i know lived in one part of the country with 3 children and claimed £900 housing benefit but a couple of years later moved to another part of the country and claimed £500 housing benefit with exactly the same circumstances. This was because the rent in that part of the country was cheaper, therefore less housing benefit is paid because of the LHA.

happy123

Thank you Poppy ' that is really helpful. 

poppy123456

You're very welcome It's all very confusing.

happy123

Hi Poppy, 
Just a further clarification if you can please..for your 2 bed rate that you claim.
 Is  your rent total only paid for the total eligible rent as determined for by the Rent Officer in your area, or do you get the full 2 bed housing rate because of your other benefits? 

Kind regards x

poppy123456

It's the eligible housing benefit determined by the rent officer. It's the maximum i can claim for my circumstances in the area i live. Please see my explanation above.

I'm really not sure why you think you can claim more than you're eligible for because you claim benefits. It doesn't work like that.

happy123

I am being given conflicting information based on the interpretation of the rules by different people ' hence trying to clarify by someone like yourself ...the whole thing as you say is confusing and all this is new to me personally  based on my awards granted.. ' I don't think it's about trying to claim more, so thanks Poppy 'that again has clarified it better as wanted .

poppy123456

You're very welcome. Sorry for asking that question i was just confused why you were asking. Just to be sure you're claiming the correct amount of money you could put your details into a benefits calculator. Providing you put all the correct details, they're quite accurate in cases like this. When i used one it was correct to the last pound.