Housing Costs and Income Support Entitlement

I have just carried out a benefits check by phone as the client lives to far from the office to attend in person.

Client receives, DLA HRC and HRM, ICB and an Occupational Pension, the latter of which takes her over the applicable amount for IS by about £40 even with all eligible premiums. Client read to me her deicison letter which confirms no entitlement to IS. She also states that she only recieves particla CTB, which is again indivicative of no IS entitlement which would passport to full CTB entitlement. However, the client states that on the rear of the letter it mentions an entitlement to £4.00 per week for housing costs (mortgage interest).

I know that it is difficult to get a complete picture without seeing the paperwork, but have I understood it correctly that IF she was recieving an amount for Housing costs, this would be because the inclusion of the amount for housing costs would have bought her applicable amount over the threshold for entitlement for IS and that the decison letter should therefore state that she is entitled to IS and should also therefore be passported to full CTB entitlement?

Thanks in advance.

Hello, 

I too have a client in this position - only means test benefit is income support SMI but local authority to not consider this applicable to passported CTB.

Can anyone point me in the direction of the regs that detail entitlement to CTB by way of SMI?

Thanks,
Chaos

SMI doesn’t provide the basis for passported CTB.  However, it *may* (depending on whether anyone else is resident) be a basis on which CTAX liability is subject to a 100% disregard - this falls within CTAX legislation, not benefits.

Could be potential for confusion here:-

SMI = “Support for Mortgage Interest”

(ie part of the housing costs component of a claimant’s applicable amount for IS/JSA(IB)/ESA(IR)/PC.

and

SMI = “Severe Mental Impairment”

(ie a route to council tax exemption (for a dwelling) or disregard when calculating CT discount).

Mortgage interest payments are payments of Income Support and thus ‘passport’ a claimant on to full HB (schedule 5, paragraph 4 and schedule 6, paragraph 5 HB Regs).

Hi,
Can I assume that the same would then apply to CTB? Is CTB covered by similar regs as to those quoted for HB purposes?
Sorry - I am having a bad week and it’s only Tuesday!
Chaos

Yes, the same applies.

Thank you, you are a beacon of light in an otherwise dark day.