- Posts: 2
× Members
Legacy Housing Benefit, UC and ESA
- John
- Topic Author
- Offline
Less More
4 years 5 months ago #254068 by John
Legacy Housing Benefit, UC and ESA was created by John
Firstly, a huge thank you to everyone who runs and contributes to this site, but a special big thank you to Gordon for all his hard work and support to so many people over the years.
My question relates to our 20 year old son, who has autism and learning difficulties. He currently receives PIP, both elements at the enhanced rate. He attends a college for people with disabilities. We were advised that we should apply for ESA but speaking to DWP, they said he would have to apply for UC. We did this and he has been awarded UC on the LCWRA basis and placed in the Support Group.
Subsequently he has moved to a new college and has moved into supported accommodation. He has been able to apply for and been awarded the old style housing benefit.
We now seem to be in an interesting place in relation to the benefit regulations. As a recipient of old style housing benefit, my understanding is that our son should be entitled to a disability premium. Because of that entitlement, he should be on old style income-related ESA, not UC. Am I right or does the fact that he already gets UC preclude him from now applying for ESA instead?
My question relates to our 20 year old son, who has autism and learning difficulties. He currently receives PIP, both elements at the enhanced rate. He attends a college for people with disabilities. We were advised that we should apply for ESA but speaking to DWP, they said he would have to apply for UC. We did this and he has been awarded UC on the LCWRA basis and placed in the Support Group.
Subsequently he has moved to a new college and has moved into supported accommodation. He has been able to apply for and been awarded the old style housing benefit.
We now seem to be in an interesting place in relation to the benefit regulations. As a recipient of old style housing benefit, my understanding is that our son should be entitled to a disability premium. Because of that entitlement, he should be on old style income-related ESA, not UC. Am I right or does the fact that he already gets UC preclude him from now applying for ESA instead?
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8456
4 years 5 months ago #254071 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Legacy Housing Benefit, UC and ESA
Hi SweetJC
You are correct in your last paragraph but incorrect in the bit before, once you are on UC you cannot then go back, it is like a lobster pot, once you are in, you are in it, although there are a few exceptions but they are rare. As you son has been awarded LCWRA he should receive an additional element in his UC award of £341.92 pcm. Note that SDP an award is £66.95 pw = £290.12 pcm.
As you state your son has moved into supported accommodation, most supported accommodation costs are paid via HB and not UC. Have a look at your sons HB award letter, it will give you a breakdown on how they worked out your son's eligibility, this will include his rent and service charges, anything that states 'ineligible' in the service charge will not be covered by HB.
Gary
You are correct in your last paragraph but incorrect in the bit before, once you are on UC you cannot then go back, it is like a lobster pot, once you are in, you are in it, although there are a few exceptions but they are rare. As you son has been awarded LCWRA he should receive an additional element in his UC award of £341.92 pcm. Note that SDP an award is £66.95 pw = £290.12 pcm.
As you state your son has moved into supported accommodation, most supported accommodation costs are paid via HB and not UC. Have a look at your sons HB award letter, it will give you a breakdown on how they worked out your son's eligibility, this will include his rent and service charges, anything that states 'ineligible' in the service charge will not be covered by HB.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David