Reply To: UC and Benefit Cap


Thanks Guy. Some of the rules are at the discretion of the LA and others are statutory. Housing Costs are allowed as an expense, and this is statutory. As far as I'm aware the social care charging rules haven't been amended to include UC. I don't even think they mention ESA or how to treat it. (With IB they were allowed a disability premium, same as in HB, but the regs don't mention ESA or how to treat the components once awarded). 

The calculation itself is a lot simpler than the HB calculation in terms of rules and regs, but with UC I think it's going to more complicated. I don't think we'll be able to assume maximum in some cases although I think the majority will be as a lot of the people receiving social care are disabled. I don't think there will be many cases where a benefit cap has been applied to them either given the circumstances of the applicants, but if I don't cover that eventuality it Sod's law that someone will get one straight after the training has ended.

We have a team who specifically deal with social care charging and who have never been trained on HB. They've been shown how to interrogate Northgate to obtain income details but they wouldn't know anything about the HB calculation.

I think with the earnings we'll have to advise staff to write out for proof of that, and ignore the amount on the SofS or their journal.