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Is a 17 year old on PIP part of the household for Benefit Cap purposes?

Ruth A Rees
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MONEY ADVICE TEAM, COMMUNITY HOUSING CYMRU GROUP CARDIFF

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Total Posts: 30

Joined: 11 January 2013

My client has been affected by the benefit cap.  She has 4 children living with her: 1 is an adult aged 18 on JSA, and the other three are aged 17, 52 and 2.  The 17 year old receives PIP only having previously been on DLA.  My client has been receiving a higher amount of tax credits, but this is due to run out in the next week or so and will be reduced to the amount for her 2 younger children only, which will take her income below the current £500pw.  She receives ESA, CA, CB and CTC. 

She needs to check which group of ESA she is in, but supposing it is not the Support group…  as her 17 year old is not claiming a replacement of earnings benefit can he be regarded as still a child for whom she is responsible for the Benefit Cap issue?  When her CTC drops he could apply for ESA, but any advice please?

[ Edited: 13 Jan 2016 at 09:59 am by Ruth A Rees ]
Jon Blackwell
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Programmer - Lisson Grove Benefits Program, Brighton

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Apologies if i’ve misunderstood - it sounds as if the cap shouldn’t bite either way for now - if the 17 year old is a QYP for whom your client is responsible for HB purpose ( see CPAG 212-215 ) then they’re exempt via reg HB Reg 75F(1)(ea) and if not (which is presumably why CTC is ending for the 17 yr old) their benefits are going to be below the cap limit anyway ?

The cap might apply later in 2016/17 when the cap level falls ( unless your client gets into the support group.)

Ruth A Rees
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MONEY ADVICE TEAM, COMMUNITY HOUSING CYMRU GROUP CARDIFF

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Total Posts: 30

Joined: 11 January 2013

Thank you Jon.  Yes, I realised things would change from April and actually because of her renting her home she will only be receiving less than the benefit cap limit from next week until April. 

You’ve explained this really well.  Thank you for the references.