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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

SDP in exempt accommodation - ESA claim?

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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My client is moving into exempt accommodation so should be able to claim HB but there is only PIP in place. Would SDP in their HB claim mean that they can claim IRESA instead of UC?

[ Edited: 19 Jun 2019 at 10:53 am by unhindered by talent ]
Mick Quinn
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Welfare rights officer - Northumberland County Council

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Has worked for us!

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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That’s good to know. Thanks. I have since discovered that the accommodation is not exempt so am thinking that without a legacy benefit in place or eligible claim for HB, UC would be the benefit?

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Relies on HB having an applicable amount in a case where there is no income, or only disregarded income. See s130(1) of the Conts and Bens Act. I think there is because it is occasionally needed for purposes other than means testing (eg treated as occupying while awaiting grant/loan for removal costs).

PS that’s answering OP, not last question. As to last question: yes, you have a problem if it’s not specified accommodation.

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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Thanks, HB