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Thread: Change of address, will it trigger IS to UC ?

  1. #1

    Change of address, will it trigger IS to UC ?

    Hi All

    After getting nowhere with my current landlord (housing association) it looks like we may need to move home.

    We (myself and my adult Autistic son) have been living in an "over 55s" bungalow for over 7 years. No complaints about the property or the area at all.

    The problem is that when I die my son will be unable to continue living here (as he'll be under 55), landlord refuses to put his name on the rental agreement.

    Same thing happened to the lady next door, she had to move when her father died, they moved her into a 1 bedroom flat in a bad area surrounded by drug users, my son would not survive in a similar place on his own.

    So the question is, am I right in assuming a change of address (and area) would trigger a change over to UC?, I'm on IS as his full time carer (and have my own disabilities) and he is on ESA SG.

    Thanks

  2. #2
    Senior Member nukecad's Avatar
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    It would depend if you move to a different area and claim help with rent.

    It's only a new claim for an income related benefit that has to be UC, and so triggers the migration of existing benefits.

    So if you are already claiming Housing Benefit from your Local Authority and move to another property in the same area then there is now new claim involved and that's just a change to your existing HB.

    If you move to a different area and you want to claim help with the rent then that's a new claim which would be UC, triggering Natural Migration of your IS as well.
    His ESA would not migrate, because he is not the one making the new claim, so it's just a change of address for his ESA claim.
    (And if it's CB ESA that would not migrate anyway).

    Other thoughts:
    1. If either of you is getting the SDP then that person cannot currently claim UC.
      So you could move house to a different area and the person with SDP could put in a new claim for Housing Benefit in their name, avoiding UC altogether.
    2. If your sons ESA is solely Contribution Based (ie. no premiums at all, not even the 'Disability Income Guarantee' (EDP)) then that would remain outside of UC anyway.
      So if any new claim for help with rent was made in his name then that would be UC, but his CB ESA would continue as well, as would your IS.
      That is a bit complicated and I would seek advice from a local benefits/welfare organisation before trying it.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
    Thanks nuke

    I get IS and get both the disability and severe disability premiums and am the one currently claiming HB.

    I had wanted to put the new address in his name but I don't know if his ESA is Income or Contributions based, all it says on the last letter we have is "The payment of ESA is based on your NI contributions records and any additional amount the law says you need to live on" He's never been employed. He gets extra money for the Disability Income Guarantee and extra money for being in Support Group.

    It would be another area, one of the reasons for the move is the way he's been treated by Durham Constabulary (nothing involving any criminal activity), the move would put us under Northumbria's area.

  4. #4
    Senior Member nukecad's Avatar
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    As you have SDP then you can't currently claim UC, which means that you can make a new claim for HB in your name with the new local authority.
    Your IS would continue as just a change of address, and his ESA would continue as just a change of address.

    Because he doesn't have the SDP then if the new claim was made in his name it would have to be UC.

    He would actually get more money with UC than he currently does with ESA.
    £22 a week more so that might colour your judgement of what to do.
    See the following link, on the chart there he would come under 'SG+EDP' - so currently getting £128.45 a week on ESA but the UC equivalent would be £150.51 a week.
    UC is paid monthly not fortnightly, so that's something else to consider.
    https://www.youreable.com/forums/sho...l=1#post137494

    If you go that route then if the main part of his ESA is contribution based that could still stay outside of the UC, and still be paid fortnightly, but the money from that would then be deducted from the UC. Which would still leave him better off by just under £96 a month.
    (Or he could close the ESA altogether and just take it all monthly as UC).

    Because he has the EDP (the Disability Income Guarantee) then at least that part of his claim is Income Related.
    Without knowing more it's hard to say if the Personal Allowance and Support Group payments are CB or IR. (Although if he was transferred from IB then they would definitely be CB).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
    Looks like nothing will happening any time soon

    Went and spoke to the HA this morning, although the website says "Properties available" in reality there aren't any!.

    Filled in the application and now getting onto the waiting list, took almost 10yrs to get this bungalow!.

    The only bit of encouraging news was that they said that as long as he was 45 or older when I die they "probably" wouldn't ask him to move!.

    I suppose it's an improvement on my current HA who say he will be moved, given one chance at a 1 bed flat in a (more then likely) bad area, same as my ex-neighbour was forced into. She lasted 2yrs with constant problems from druggies, neighbours dogs fouling her access path, noise at all hours of the day and night, people banging on her door and bedroom window in the early hours etc. etc. She's now no longer with us

  6. #6
    Senior Member nukecad's Avatar
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    Oh well, at least you know the benefit options now.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  7. #7
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    Hi Phaedra;

    I am aware of some aspects of the Housing issues you mention.
    Your current H/A should not in the event of you not being there threaten to evict your son if he does not accept an alternative offer of housing.
    The H/A need to make an equivalent offer of housing suitable for his needs.Placing a vulnerable person in an area which is known to have many Social problems from an area which is quiet /and importantly he may well have relationships with neighbours is not equivalent and not suitable.

    At this point I would talk to his Social Worker to make them aware of the situation and perhaps a good idea to seek the advice of Shelter who are also specialists in this field.

  8. #8
    Thanks Nuke and Ray

    I'll have to talk to Shelter, we've had no social worker or any input/help from social services for many years, they wrote him off and said there was nothing they could do for him. I's been like that all the way from him being diagnosed at age 15.

    There's only the two of us helping each other. His mum walked out 13 years ago and has almost nothing to do with him apart from sending cards at Xmas and birthday, he has said he will not go and live with her under any circumstances.

    His older brother has been living in Amsterdam for about 7 years so he won't be around, his younger sister has her own problems but I'm sure would try to help him.

  9. #9
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    Hi Phaedra;

    Another organisation you should consider talking to is Mind who can provide help on housing and your rights and they are specialist in terms of mental health issues.Shelter tend to become seriously involved if you`re homeless or to prevent homelessness and mental health is a significant factor .Your son should be considered as in priority need which means he has priority for housing and priority over other mainstream applicants on a waiting list or living in a house and wish to move to a bigger house for example.
    He however is competing with other applicants in priority need.
    However as said previously the HA cannot offer you son a dump somewhere and indicate that they have made a suitable offer of rehousing.

    I am going back a number of years but there is no set limit on the number of offers which can be made as needs to be suitable for his needs.The HA cannot set an artificial limit of 1 offer.

    A complication is that the Council is responsible for the administration of Homelessness Legislation and not the HA but they are supposed to be responsible Social Housing Landlords and have a duty to prevent Homelessness.

    I also would like to offer advice where you state that SWD has abandoned your son.
    Social Work have a Duty of Care particularly under the Care Act 2014.
    To reactivate interest I would phone them and ask for a Needs Assessment and for a Care and Support Plan to be drawn up for him.

    Shelter Legal have an excellent website on Care and Support Plans Etc

  10. #10
    yes i think if anything happened to you they would need to find suitble accomadation "with support" they could not move him onto a problem estate if he cant live alone .

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