We would like to share with you a recent query regarding restrictions in Housing Benefits.
You have just explained-
Your client, who is on ESA(support group, and is awaiting a PIP claim decision) has a three bedroom house where she lives with her daughter, 18, and son , 26, both on JSA(IB). The bedroom tax has just been imposed. Is this correct?
Answer-
I think there might be some confusion here on what type of housing benefit restriction has been applied.
In the situation you give there should be no restriction in terms of the size criteria(bedroom tax). This is because Mum is due a bedroom for herself and anyone else who is over 16 and occupies the property as their home, that is her son and daughter. I think her son and daughter are probably being classed as non dependents. This means that the amount of HB will be reduced by £14.15 per week for him but nothing for her because she is under 25 and has JSA(IB).
Best for you to-
- Check how much HB restriction has been applied and why.
- Make sure they are not deducting for the daughter.
- If there is a dispute you should apply for an appeal within one month of the date of the decision letter. You need to meet this deadline. The details of the case can be added in later.
- All non dependent charges can be got rid of if Mum gets the Daily Living component of PIP- contact her MP to help hurry this claim on. She doesn’t have to have a carer but needs instead to meet the relevant descriptors under PIP.
- In the meantime you can also apply for a discretionary housing payment form the council to fill in any gaps.
Feel free to get back to me if you get more info. Hope this helps.