Thank you to the Peters for their replies. He is working age but is getting PIP so can’t go down the Benefit Cap route. He is also getting ESA for his living costs and not UC so can’t go down that route either. The rent includes a relatively small charge for IHM but we have decided that that was not above a minimal level. I just wanted to make sure that I could refer the rent to the RO in these circumstances, where it’s not a new claim or a new rent and all that’s changed is that he is no longer receiving more than minimal support, which was provided by a third party and funded outside the rent. If I can refer would that decision only be applicable going forward or should I apply it back to May 2022 when the support ceased?
