UC - Overnight Care?

Hi,

I' recently submitted my UC claim and awaiting my first payment (mid May hopefully).

I recently got a 'To-Do' that said "Do you regularly need overnight care from someone who does not live with you?". I live alone (in a 1 bedroom flat), don't have a carer and within my ESA, got the SDP element, so assume I will get this in the form of the transitional element. I do receive regular care overnight from two friends who come and help me, mainly due to my mental health but also occasionally some psychical health things too.


I understand from reading other posts and researching that I could be entitled to the 2 bedroom LHA rate even though I only live in a 1 bedroom flat. I have a sofa bed that my friend's sleep on when they care for me overnight.

My main question is... if I were to get this increase in my housing element, would it erode my Transitional element? As looking at my LHA rate for 2 bedroom, the difference is £1 less than what I'm expecting my Transitional Element to be. So wouldn't be worth it really. Or is there away to backdate this... or are the regulations in Housing Benefit different?

Sorry for the long post.

Thank you as always.

Matthew

Hi David,

Thanks for the quick reply.

Yes I was confused about this... My main confusion stems from this rightsnet post about it (I'll link below). It seems under certain circumstances, under UC regs, NOT HB regs, someone could technically get a 2 bed LHA rate whilst living in a 1 bed.

I mention just in case anyone comes across this and could benefit from it and hasn't migrated to UC yet... I would attempt it if it didn't erode all of my Transitional Element away.

www.rightsnet.org.uk/forums/v...ead/1428/viewthread/14283/

Thanks as always,

Matthew