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Forum Home  →  Discussion  →  Housing costs  →  Thread

Qualifying benefit rules and UC non dependants

mycatismo
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Housing Systems, Leeds

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Total Posts: 188

Joined: 23 June 2010

UC claimant has non-dep living with them and a £75.15 HCC being taken.

Non-dep applies for PIP and it takes 9 months for it to be awarded - they are awarded DL PIP.

Claimant notifies DWP who remove HCC from MAP notified.

This doesn’t fall under the ‘qualifying’ benefit rules as it only applies where the claimant or a member of their family as defined in the UC Regs is awarded a qualifying benefit. And where the SS&CS;(DA) regs 1999 cover non-dependants it’s only in respect of IB JSA, IR ESA, IS and PC – not UC.

Do you think this was an accidental omission? Anything that can be done?

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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I think the position is the same for Housing Benefit, so perhaps not accidental?

Elliot Kent
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Shelter

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This isn’t an answer to the broader question, but you can resolve this particular case by dealing with it as a late reporting of a change of circumstances. Given that it was conceptually impossible for your client to have reported it any earlier, time ought to be extended.

mycatismo
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Housing Systems, Leeds

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Total Posts: 188

Joined: 23 June 2010

Great idea.
Thank you