Reply To: UC and Benefit Cap


Are the rules for social care charging and with it the calculation statutory or a local discretion? If they are statutory, have they not amended them to take account of UC yet? The problem you have is that JCP now hold the data relating to the UC claimant's eligible rent. The housing costs element may be the rent minus ineligible services, if the LHA rate is equal or in excess of that or it may be less if the LHA is lower. If the UC claimant makes a DHP claim, the JCP will share that data with the HB/CTR team. If you have disretion, you could do a calculation based on what they would have got had they been entitled to legacy HB. If you assume they would get maximum HB as all UC claims for HB are maximum, less any non dependant deductions, then you have a more simple calculation. But if you start looking at income compared to a notional HB applicable amount e.g. for an in work UC claimant you need to either get hold of the UC calculation data from your HB/CTR team or ask the claimant for their calculation downloaded from their journal for Full Service or UC award for Live Service. The household earnings figure is after 100% of pension or superannuation deductions, whereas for HB we take 50%.