Can you be on tenancy agreement and still be non dependant? Disabled dd, UC PLEASE HELP

[Lele101]

dd recently became disabled and lost her job.

family member and I on low income, we get uc

universal credit splits rent into 3

someone advised us to change daughter to as non dependant as she doesn’t pay rent. So I’d be split into 2 and not 3

but she is on the tenancy agreement?

they said it doesn’t matter if she is, she can be on tenancy agreement and still be considered non dependant. We just have to explain to uc

is this true? Can anyone advise?

No I currently consider her a joint tenant.

Ok. That information helps. You're entitled to a one bedroom property then.

One bedroom is for single people or couples. So not having a partner is irrelevant.

So there's a 3 bedroom property then. One bedroom for you. One bedroom for cousin, who is also an adult over 18? And one bedroom for DD.

Each of you needs a separate UC claim, because each of you is entitled to a one bedroom property. Each of you is liable for one third of the rent.

If you are all adults over 18 and if any of you doesn't qualify for UC, that'll be because that person has too much savings or income, so that person will have to pay their share of the rent themselves.

It’s a 2 bedroom property. Dd lives in living room

I am surprised a landlord would rent a 2 bed to you, your DD, your cousin and your ex-husband. I wouldn’t want to be messing around with the tenancy, the LL may decide not agree to another tenancy agreement.

So does the landlord know 3 of you live there?

Is everyone on the tenancy?

Is everyone over 18?

What are the sleeping arrangements? Does two of you share a bedroom?

Yes he does. everyone is over 18

everyone is on the tenancy agreement

dd lives and sleeps in the living room. Sometimes she sleeps in my bedroom. So we share a room

The living room is DD room then, which she rents. Whether she pays rent or not, that's legally the situation - she's renting. This is because she is on the tenancy.

You each need a separate UC claim.
Each of you claims housing costs for a one bedroom property.

You can Google the Local Housing Allowance for a one bedroom property in your postcode. That LHA is the maximum amount of housing costs each of you will receive from UC.

So if LHA is eg £400, then each of you can receive £400 towards your rental costs. 3x400 = £1200 total. This is only an example to help you understand. You will have to Google what the LHA actually is for a one bedroom property in your area.

You live in a shared property so each of you is liable for one third of the rent.

If this amount of one third rent is more than the LHA for a one bedroom property, you'll have to pay the extra bit of rent yourselves.

As an example, if your rent was £1500 and UC paid £1200, that would leave you with £300 to pay, this is the extra bit of rent I was talking about above. 300÷3 = 100. So in this example you'd each give the landlord £400 from UC housing costs, and also £100 from your other income from UC or from work or from savings. That way the landlord gets all the rent he is supposed to get. This is only an example to help you understand, I don't know how much your rent is, you'll have to check on your tenancy agreement for the amount or ask your landlord.

If any of you doesn't qualify for the maximum LHA, perhaps because that person works or has savings, then that person will have to pay a bigger extra bit of rent themselves.

Even if OP’s DD makes a UC claim, she may not get the 1 bed LHA rate. Unless one of the exceptions applies she will only get the shared accommodation rate because of her age.

Dd and I share a room anyway so it’s fine

It doesn't matter that DD shares a bedroom with you sometimes. Because she is your DD nobody can say you're lying about being single, they're not going to think your DD is your partner.

So as I said before, each person can make a UC claim as a single person. Two of you can claim housing costs for a one bedroom property, one of you (DD) can claim housing costs for a shared property. That amount will be less than the one bedroom rate.

(Edited this post to account for new information)

Oh shit, you're right. My apologies OP. I forgot they changed the rules so under 35 years old gets shared accommodation rate for LHA not one bedroom rate.

It’s just so weird because when I claimed back in 2019 they considered and listed her as non dependant. (Adult who lives at home but doesn’t pay rent).

the rent was split into 2 and I just had to pay “non dependant deduction” for her.

even though she was on the tenancy agreement and aged 23. The advice guy and job centre guy even said yes, we can list her as non dependant even if she on tenancy agreement.

I still have old paperwork saying she is non dependant.

they only recently when we renewed tenancy agreement in 2023 changed it.

so I’m just confused.

maybe it was just old rules.

Maybe there used to be special circumstances for young adults living with parents? I don't know.

Was it UC you claimed back in 2019 or was it a different benefit?

Yes we have a different government now so perhaps the rules changed.

Why is your daughter not claiming UC in her own name and getting a rent element in there for her share of the rent?

A non-dep is an adult living with you who is not a co-tenant so your DD is not, I think, a non dep.

Rather then get led up the garden path on here I'd suggest a call to Citizens Advice.

I think you're misunderstanding.

A non dependent is a technical term within the benefits system for an adult who lives in your household and is not your partner or a joint tenant.

You don't get any money in your benefits for a non dependent but it can affect what help you get with rent. You also get a deduction from your benefits for the amount the non dependent is expected to contribute to the household.

It's quite unhelpful of you to be so insistent the op listens to you while you clearly don't understand the ops question

It would have helped if you'd said this from the start. How can anyone advise when you aren't giving the full picture?

Sorry!! Don’t know why I didn’t write that!! Was in a rush typing. Was sure I did.

This.
Speak to a Benefits Advisor OP

Anyone on the TA is classed as a joint tenant - jointly responsible for rent and council tax.

She can't be a ND in that case, so need to make her own claim for UC and CT Support.

You need to speak to a benefits adviser to work out whether you would collectively be better off wit ha her as a non dependent or with her on the tenancy agreement. If she's on the tenancy agreement then she should be eligible towards help with her proportion of the rent while on UC.

If she's not on the tenancy agreement, then only you will get help with rent (up to the cap if you are in private rented), and there may be a non- dependent deduction if your/her circumstances don't qualify for an exemption.

It's complicated so I'd speak to a benefits adviser if I were you.

What did they say when you rang them op?

Why isn't she getting benefits? A grown adult disabled or not need to claim their own benefits if not working

Very odd situation.