LHA – PASSPORTED CLAIMANT AND NON DEPS

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  • #34399
    macleode
    Participant

    Need some advice from the collective brain.

    Claimant is on a Passported Benefit, four non-deps live at the property.

    Benefit Assistant issued letter to claimant requesting proof of non-deps residency – our Legislation Dept have stated that the Benefit Assistant shoud not have written out to the claimant as the claimant is on passported benefit and the claim must be processed without delay.

    Benefit Assistant advised that yes the claimant may be on a passported benefit, but we still need to verify who is living at the property.

    Legislation say you don’t as the BA would have verfiyed everthing. But I am of the opinion that we still need proof of who is actually living at the property and not just accepting what the claimant writes of a form.

    Can the collective Brain help.

    #50699
    Anonymous
    Guest

    The fact that the claimant is on a passport benefit means two things:-

    1. There is no need to carry out a means-test on the claimant’s/partner’s own income and capital

    2. If the DWP has collected [b:761630a46b]and used[/b:761630a46b] any additional information about the claimant, you may not double-verify that information

    There are some situations in which the DWP would have gathered and used information about non-deps, but they are quite rare in an HB case (for example, where there was the possibility of the passport benefit including the severe disability premium; and if there are housing costs includeed in the passport benefit applicable amount). But you can normally assume with a fair degree of certainty that children and non-deps have not been invesigated by the DWP because they generally do not affect the passport benefit at all.

    For LHA purposes, you need to be satisfied that these people exist. So it is reasonable to verify the existence of children and it is reasonable to verify both the existence and income of non-deps.

    #96700
    Mikeb2
    Participant

    You do not need any more information/evidence about the property or the claimant.

    However I agree you’d need to know more about the non-dependants:

    1. Details such as NINO’s which are often not recorded by CMS forms or on CIS as they may well be on benefit themselves.
    2. Confirmation of the the non-dependants income.

    There might be more suggestion of information/evidence required from other folk here as well…

    😉

    #96701
    Ozzies Mate
    Participant

    Maybe you wish to ask your legislation department how they suggest you determine any applicable non-dep deduction that might need to be taken without enquiring about the non-deps circumstances?

    If they come back with an answer please post it here as I’m sure it will be pure gold

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