Non Dependent Deductions where claimant is hospitalised

Hello,

I am a bit uncertain about this position.

Housing Benefit can be paid up to 52 where a claimant is in hospital, whereas disability benefits are suspended after 28 days.

If the disability benefit is suspended, and therefore the qualifying benefit isn’t in payment, does a non dependent deduction start to apply?

Any answers would be much appreciated.

Yes I think it does: in some HB situations (disability premium and enhanced disability premium for example) PIP etc is treated as if it is still in payment when the person receiving it is in hospital, but not as far as I can see when it comes to non-dep deductions: once PIP etc stops, it appears that a non-dep charge kicks in.  It looks as if you also lose the SDP when in hospital.

I think it is possible to discern a policy thread linking these provisions - it’s about whether a person is actually giving or receiving care right now.  You would excuse the non-dep from paying anything towards the rent because they are (notionally)  paying in kind by caring for the disabled tenant - that all stops during lengthy hospitalisation.  That maybe explains the lack of anything to preserve the exemption during hospital stays?

HB Anorak is entirely correct because HB Regulation 74(6)(b) only provides that no deduction shall be made is the claimant or his partner is RECEIVING (my emphasis ) attendance allowance etc

Sch 3 (14)(2)(a)(I) and (b)(I) HB Regs provides that the claimant (and partner) must be IN RECEIPT OF (my emphasis) attendance allowance etc