BENEFITS EXPERT: I'm worried about getting overpaid ... can you help?

However since the PIP award the Housing Benefit & Council Reduction has increased significantly and I don’t know why since my income has increased and not decreased. How can this be correct as I am worried about getting overpaid?

A. There is nothing to worry about in this situation and you benefit adjustment is correct. Benefits such as PIP/DLA or AA are always disregarded as income for the actual calculation of other benefits including Housing Benefit and Council Tax Reduction. If you are awarded PIP for daily living, DLA for care at middle or high rate or any rate of Attendance Allowance then any non-dependents living with you are disregarded in the calculation of certain benefits including Housing Benefit and Council Tax Reduction irrespective of whether these people themselves work or are on benefits themselves. As you receive Income Based ESA this would normally entitle you to maximum Housing Benefit and at least 91.5% of your council tax liability. Before the PIP award the income of the 2 non-dependents was taken into account and this led to a reduction in the 2 benefits. Once the PIP was awarded then the non-dependents and their income are ignored. This does not apply however to getting the Single Person Discount of 25% to your council tax bill. The removal of the non-dependents for Housing Benefit and Council Tax Reduction will run from the date of your PIP award so make sure to check this has happened in your situation. Any credit surplus will normally be added to your rent and council tax account.

This will also apply for anyone claiming Universal Credit who has their rent costs included in their UC amount. Furthermore the position remains the same if anyone were to commence a claim for Carer’s Allowance for any help they provide for you. These rules only apply to the care/daily living elements of DLA or PIP, if you only get mobility elements of the benefits or the low rate of care for DLA then the income and circumstances of the non-dependents still applies.

During lockdown The DWP have given open ended extensions for the completion of certain forms, such as PIP, DLA, ESA 50’s etc. if clients have required assistance from organisations such as ourselves, normally these types of forms must be returned within 4 weeks. We have been advised that the old rules are getting re-introduced, extensions may still be granted but this is now at the discretion of the DWP. Obviously access to bodies such as ourselves will vary from region to region so do make sure the DWP are aware of any restrictions in place in seeking advice and assistance with form filling, for example our local office can assist with form completion via phone calls.