Reply To: UC and a Vulnerable claimant

#162985
Junep
Participant

I have had another response to my query so I thought I would share it with you all-

You are correct; eligible rent for those living in exempt accommodation is assessed under the market rent rules, often referred to as the ‘Old Scheme’ for those who meet the conditions for protection from eligible rent restriction due to a member of the household being treated as vulnerable.

As you quite rightly say below, the vulnerability criteria applies here the claimant or a member of his household –

 

  1. has reached the qualifying age for SPC, or

  2. is or is treated as incapable of work, or

  3. has or is treated as having limited capability for work, or

  4. has responsibility for a child or young person who lives in the claimant’s household,

     

a) and d) are easy enough as you will have that information from the case file, however for bullets b) and c), it is the only the DWP that can decide whether the claimant or other person in the household is, or is treated as, incapable of work or having limited capability for work. This is straightforward enough where ESA is awarded or where the UC is awarded, the capability for work element is included in the Standard Allowance calculation.

Where neither ESA or UC capability for work element is awarded you will need to contact the DWP directly to establish whether the claimant or partner is treated as having limited capability for work.

 

Needless to say, I will now attempt to contact the DWP and obtain the evidence I need.

Kind regards

June