Hi All.

Hopefully a nice easy one for you guys.. checked CPAG but cant find anything which covers this..

I know that if a tenant is on high rate DLA, then no non dep deduction is made.. easy but what happens in this case..?

CLi - Mrs T tenancy in her name only, although now married. She receives DLA care high rate and has a motability car for her eligibility to DLA mobility.

However husb works p/t... and they do not get full HB..

If husb was a non dep then his income would be ignored due to her being a tenant on DLA high care, is this not the case here cos they are married...????

Seems slightly unfair if so..

Have a look at pages 117 - 118 of the disability rights handbook.

Also, doesn't have to be highest rate care for no non-dep deduction to apply - can be any rate of the care comp.

Nicky

Fri 09-Oct-09 11:52 AM by Kevin D

I'm a bit unclear as to what is happening here.

If the clmt and her husband are a couple (i.e. members of the same household), their income is aggregated and treated as if it is that of the claimant - s.136(1) SSCBA 1992 & HBR 25.

The fact the claimant is entitled to DLA(C) doesn't provide a basis on which to disregard all of the income of a partner.

Hi Kevin, that is right it is tenant (claimant) and her husband.. She is on high rate care DLA...

I just thought, if he was a non dep instead, his income would be disregarded, seems strange that it is taken into account cos he is her partner...

I'm not sure why you find it strange that her Husband's income is taken into account?

Am i missing something?

Fri 09-Oct-09 12:19 PM by pipkin

Not being a welf rights adviser - justs seems strange that if husband was non dep his income would be disregarded..

First time ive come across this so ... what can I say..

Something that is sooo obvious to you guys isnt always to people not in the know...

Fri 09-Oct-09 12:26 PM by bensup

"Not being a welf rights adviser - justs seems strange that if husband was non dep his income would be disregarded.."

You're right of course - but, the Husband can't be classed as a non dependent. If you've got access to the disability rights handbook i would recommend that you have a little read of the pages i specified above as i feel it would hopefully make things a bit clearer for you.

And......nothing is ever as obvious as it first seems!!

On the other hand, if the husband was a non-dep, the "applicable amount" would decrease - the "single clmt" rate would apply instead of the "couple" rate and the Disability Premium would be at the single rate instead of the couple rate. Swings and roundabouts....

NB: There would be no Severe Disability Premium for the single claimant - the presence of the non-dep would scupper that.

Dont have the disability handbook.. maybe something I should be looking at getting (again)...

Thanks for the replies guys, I undertsand now its explained especially with regard to the premiums..

x