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Enhanced Disability Premium in Applicable amount
Can someone clarify when the enhanced disability premium can be included in the housing benefit applicable amount for a couple. My client is the claimant and she is working, her husband receives contribution based ESA with the support component.
Husband receives DLA but only mid rate care so I know they cannot qualify on the grounds of being in receipt of a qualifying benefit so I’m looking at the limited capability for work related activity grounds.
In the Disability Rights Handbook it states that it can be included where the claimant or their partner have a limited capability for work related activity (page 142). However CPAG does not mention a partner in this respect (page 240) stating only you (which I take to be the claimant) has limited capability for work related activity.
Sch 3 para 15(1)(a) 2006 HB Regs as amended provides that the condition is that the claimant has or is to be treated as having limited capability for work related activity.
The condition is that the claimant must have LCW so I think you need to swap claimants in this particular case in order to secure the premium
[ Edited: 3 Nov 2017 at 03:22 pm by Stainsby ]Yes, the DRH is pretty unclear on this. A couple of further points:
- When comparing amounts, bear in mind there should already be a disability premium in the HB via partner’s DLA, which will be removed after swapping.
- If you are a full UC area it is probably not possible to swap, as that would count as an attempted new claim for HB.