Can I claim HB for daughter on LCWRA ?

[Finetoday]

SEN DD - 22 and will never work. Lives at home with me - just the 2 of us.

I work full time and claim UC for her.
We rent an intermediate housing association house, which previously was classified as private rent but they wrote to me this week stating they are now classified as social housing.

Would I be able to add housing costs to her claim ?

Are you joint tenants? Or are you the tenancy holder. If you're joint tenants then yes, if not then no, she'd be classed as living with family.

Thanks for quick reply - I’ve just checked contract - she’s names as a child on the contract (was 12 when we moved in), but not named as a contract holder - does that make a difference?

Can I get her named as a contract holder ?

You'd have to talk to the housing association about whether they'd add her to the tenancy or not, some will, some won't.

No, you cannot add housing costs to your daughter’s UC claim unless she has her own tenancy or is a named joint tenant you. It doesn’t sound as though she is a named joint tenant so she can’t claim housing costs.

speak to the HA but it’s very unlikely they will
add your daughter as joint tenant

Thanks for replying.

I can’t carry on paying 100% rent for 2 adults. Our rent has just increased by 10% and my wages just aren’t keeping up. I can’t leave her on her own to work extra hours. I can only wfh as she can’t be left on her own. I don’t know what else to do.

Speaks am with your HA they may be able to help and offer support I work for a HA and we help residents like you all the time. We also have a team they do full benefit checks and there is probably benefits that your entitled to that your not getting .

Does she get PIP or, exceptionally, DLA?

Is so are you her carer?

Have you checked your own eligibility for UC which would be the way to cover housing costs?

Yes she gets PIP and I’m her career and appointee.
Thanks for the advice, Im going to contact HA and see what they say. I’ll make an appointment with Welfare Rights too xx

If you're not claiming UC yourself you'll be in scope for Help to Claim who can confirm your eligibility.

As things stand at the moment you won’t be able to have the housing element (which isn’t the same as housing benefit) on DD’s UC claim.

Does DD have an EHCP?
Has she had a social care assessment?
Have you had a carer’s assessment via social care?
Have you looked at UC for yourself?

Have you looked at council tax? You can be disregarded as DD’s carer. If there is then only DD in the household to pay council tax, you can receive a 25% discount. Depending on DD’s needs, she may also be exempt because of SMI. In which case, you can receive a 50% deduction if there isn’t any other than you and DD in the household.

Yes I receive the 25% discount on council tax, so that’s been really helpful.

My daughter has had lifelong SEN and went all through SEN schools and college. She’s at home now which is why I wfh.
A lot of her benefits goes on paying her contribution towards her personal assistant so she can access the community, and her mobility car.

What would you do if she moved out? Could you afford to live alone?

Are you in England? If so, DD’s EHCP could have continued until 25, or 26 in some circumstances.

It sounds like you need up to date social care assessments. An updated assessment of DD’s needs and an updated carer’s assessment. Depending on DD’s specific needs, you may also want to look at CHC funding.

Op you definitely need to look at whether you'd qualify for uc in your own right as a carer for your daughter. If you go on 'entitled to' or 'turn 2 us' online they have benefit calculators to work out any entitlement. Its quite possible that with housing costs you'd be entitled to some help, fingers crossed for you.

I can’t see her ever wanting to move out, but if she did then no I probably couldn’t afford to live here on my current wage. I could get a second job maybe if I wasn’t required at home as much, but I’d downsize most likely as I wouldn’t need an extra bedroom.

Have you considered whether you are able to be a Shared Lives carer for your daughter via the County council.

She needs to be on the lease/tenancy. You should add her to it then yes she can claim the 1 bedroom rate as she has LCWRA. It also means she can stay if the house after you die (sorry to be morbid but social housing tenancies don't pass into relatives unless they are also named)

What is the long term plan? Independent living? I would get in touch with Mencap for advice.

If she has UC with LCWRA then that is well over £600 + a month plus PIP on top . Surely you can take a contributions towards rent from that ? I appreciate that the PIP is for the extra costs of disability but many non disabled young people ( students and those working part time ) will not be coming out with that much and will be paying board to parents.
Edited - sorry just seen your update that she pays towards her care.

@Harriet9955 Yes her UC/pip did go towards rent which is why I never thought to include the housing element on her UC claim 4 years ago when I first applied for her, but since she left college a big chunk goes towards paying for her PA so she can access the community. It’s obviously what it’s meant for, but it leaves me paying 100% of the rent which has just gone up another 10%.

@onlytakesaminute No the plan isn’t independent living. She has no desire to live on her own. She doesn’t leave the house alone and makes a big fuss of putting something in the outside bin !

@Doingmybest12 I’ve never heard of this - I’ll go and google it now 😁

@keepmeright This seems to be the key to adding the housing element to her UC. I’ve requested it, but if they refuse I’m not sure what I’ll do x

@Finetodaysadly unless you are going to live into your 100s it’s likely she will need to live alone one day. It is far better to have a long term plan in mind to work towards.

@onlytakesaminute I may well outlive her, but I do hear what you’re saying xx

Ive worked in care - unless she changes her mind, the longer I can delay that the better. Just trying to make things the best for her in the meantime.

You should add her to it then yes she can claim the 1 bedroom rate as she has LCWRA.

It is the daily living component of PIP, rather than LCWRA, that entitles under 35s to the 1 bed rate instead of the shared accommodation rate for UC’s housing element.