hi
I have a tenant with 23 year old son receiving income related ESA. He's only getting £50.95 . He failed his medical and is appealing so is continuing to receive the lower rate. HB are taking a Non Dep deduction and say he is in the main phase. Is this wrong - should he be treated as still being in assessment phase and therefore no deduction?
thanks
Diane

HBR 74(8) states:

No deduction shall be made in calculating the amount of a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support, an income-based jobseeker's allowance or an income-related employment and support allowance which does not include and amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component).

The above relies on fact: does the non-dep fall within the above, or not? If not, a deduction will be applicable, no matter what appeals, or other disputes, are ongoing.

Hope it helps.

See Reg 6 of the ESA Regs:

"The assessment phase – claimants appealing against a decision

6. Where the period for which the claimant is entitled to an employment andsupport allowance commences and the claimant has made and is pursuing an appeal against a decision which embodies a determination that that claimant does not have limited capability for work, the assessment phase in relation to that claimant ends when the appeal is determined by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998(a)."

The claimant wont be getting the work related activity component if he has been determined to be fit for work and is appealing the decision whihc embodies that determination