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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
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Experience:  Moderator
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Due to physical and mental disability, am i not entitled to

Customer Question

Due to physical and mental disability, am i not entitled to housing benefit? even though the council tax exemption form for medical impairments is in place, and i have someone living with me, who receives child benefit and childcare paid directly to childcare providers, could these be used as part of the calculations that i am no longer entitled to housing benefit? with my physical health (currently on dialysis 3 days a week) and my mental illness, Depression and anxiety disorder, what does the law says about my housing benefits entitlement? and when someone starts to live with me how does it affects my housing benefits? many thanks
Submitted: 8 days ago.
Category: Family Law
Expert:  Jeremy Aldermartin replied 8 days ago.
Hi thank you for your message, you cannot get universal credit unless you are already on a severe disability benefit and both you and you and your partner are of state pension age. If not then you can get universal credit which contains a housing element. You may be able to get Universal Credit if:

you’re on a low income or out of work
you’re 18 or over (there are some exceptions if you’re 16 to 17)
you’re under State Pension age (or your partner is)
you and your partner have £16,000 or less in savings between you
you live in the UK
If you have other adults living with you who aren’t your partner and do not have to pay rent, they might be treated as your non-dependent.

This means that an amount will be taken off your housing costs element because this other person is expected to help with the rent. The Department for Work and Pensions (DWP) call this a Housing Costs Contribution.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 8 days ago.
I do have severe disability benefits as part of my benefits . So I am not entitled to housing benefit even though my health does not allow me to work? Many thanks
Customer: replied 8 days ago.
is there any available update with my follow up chat question? Many thanks
Expert:  Jeremy Aldermartin replied 8 days ago.

Hi thank you for your message, if you are on severe disability benefits then yes you can get housing benefits. You must get a benefit with a severe disability premium (SDP) if so then you can get housing benefit. To claim Housing Benefit you usually have to:

have a low income or be claiming other benefits
be at least 16 years old - if you’ve been in care you’ll need to be at least 18
have less than £16,000 in savings

You will need to contact the local council to apply for housing benefit. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 5 days ago.
Thank you for your message, my apologies for the delay in getting back to you. I have been unwell, and when i tried to reply to you on my mobile phone, it automatically select the option for a phone call.
I do not want to make a phone call and more so, i cant receive call at the hospital unit where i was as there's no reception to be able to receive a call.

The follow-up on my question is however,
I had letters that says i am entitled to full housing benefit due to my severe disablement premium, i had an active exemption approval for council tax due to mental impairment.
if someone then started living with me, and they work with a salary around and over £18K, does it mean that i am no longer entitled to Housing Benefits any longer? And if i do, is it still that i am entitled to the full housing benefits or parts ? And if its parts how many percentage? i Understand that anyone living with me is also exempted from Council Tax, is this correct?
The mother of my baby has had to move back in with me (even though we are not getting on well any longer) as behavioural problems started showing up in my son, due to my absence.

Also the child benefit, Tax Credits, and childcare benefits has not been received directly by myself, but the mother of my son.
When the council wrote to me last week, i was told i am no longer entitled to Housing benefits even though my health situation hasnt change, the 3 benefits mentioned above were now used in claculations of my housing benefits as parts of my income; even though i am not the one receiving them.
Please advice on what the law says and if i am protected or not. There has been previous domestic issues from the partner and the issue is that they can go anytime of choice and come back any time of choice. The stress level that these are causing me, is so huge and making my mental health worse. Please advice? Many thanks
Expert:  Jeremy Aldermartin replied 5 days ago.

Hi I am really sorry for the delay in getting back to you but I do not feel I can answer your queries and therefore shall opt out for another expert better able to assist if they can.

Expert:  Nicola-mod replied 4 days ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find continuing a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 4 days ago.
Yes I am ok to wait. Many thanks