Legal rent agreement required
Q. I am living with my parents and I have to pay £20 per week in board.
I only receive Jobseeker’s Allowance of £57 per week, so I don’t think this amount is fair.
Is there anything I can claim to help with this cost as I would be able to claim Housing Benefit if I was renting a property instead.
A. In order for Housing Benefit to be payable you must have a legally enforceable agreement to pay rent in the property, the agreement must be more than a moral obligation or an informal agreement with your parents.
However, even if the agreement to pay rent was legally enforceable, you are not able to claim Housing Benefit for a property that you live in with your landlord.
There are no other benefits which would cover a payment of this kind, it is expected that the Jobseeker’s Allowance would cover your living expenses and bills.
Q. I have been sick from work for around nine months now and I received full pay for the first six months and half pay for the next six months.
I tried to make an application for Employment and Support Allowance, but the adviser on the phone stated I would not be entitled to it as I was still getting a wage from work. Is there anything else I can claim?
A. If you have been working and paying National Insurance Contributions then you may be entitled to Contributions Based Employment and Support Allowance which can be paid while Company Sick Pay is in payment.
You are not able to claim if you are doing any work for the company (unless it has been approved as permitted work by the DWP) and you are also not able to claim while you are receiving Statutory Sick Pay, but as you have been on the sick for nine months now you should not be in receipt of Statutory Sick Pay at this time.
If you have not paid sufficient National Insurance Contributions to qualify for Contributions Based Employment and Support Allowance then your claim would be for Income Related Employment and Support Allowance and the claim would be means tested so the sick pay you receive from work would be taken into account and would reduce the amount of Employment and Support Allowance that you were entitled to.
You should make an application for Employment and Support Allowance as you will then receive a decision letter containing the outcome of your claim.
If the claim is not successful then you would be able to appeal the decision at that point, but if you just speak to someone on the phone and don’t submit the application, you will not receive a decision letter and will not be able to appeal.