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LHA with asylum seeker household member

Rebecca Lough
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Welfare rights - Greenwich Council

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Total Posts: 222

Joined: 23 November 2018

I may be overthinking this. Young adult getting UC in their own right and has their younger brother living with them as an asylum seeker. I think young adult should get 2 bed rate LHA. Is that correct?

James Craig
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Welfare Adviser - Young Lives vs Cancer, Hammersmith & Fulham

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Hi Rebecca

If the younger brother comes with the definition of “extended benefit unit” in Schedule 4 para 9 of the UC Regs then para 8 of the same Schedule says that the size criteria should take him into account:
https://www.legislation.gov.uk/uksi/2013/376/schedule/4

Moreover the CPAG WB Handbook, page 1568, makes it clear that asylum seekers are not subject to a NRPF condition, so can be included in the claim of someone who is entitled to claim benefits even if it increases the amount of the claim.

Rebecca Lough
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Welfare rights - Greenwich Council

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Total Posts: 222

Joined: 23 November 2018

Thanks James!!