nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Severe disability Premium - living alone?
Wed 09-Jun-10 03:42 PM |
To set up an agreement to let, whether on a commercial basis or otherwise, to get the SDP in Income Support is immaterial for HB purposes. For HB purposes HB would not be payable if the agreement was not on a commercial basis or is designed to take advantage of the HB scheme. Having the SDP included in the applicable amount for HB is a factor, along with all other relevant factors, that can be legitimately looked at by the LA in reaching its determination on the matter.
In a situation like this where commercial considerations do not (on the face of your post) seem to be the driving force behind creating the lease, extreme care should be exercised. You should read the commentary on this point to reg 9 of the HB regs (if you have not already done so) before advising your client further
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