Benefits during Lockdown

[carryanne]

Can anyone help with the rules regarding housing benefit and direct payments for supported living when the tenant is temporarily staying with parents and not at their supported living house due to safety not yet in place at that house?

[Penny235]

Hi carryanne. I have exactly the same issue re housing benefit and direct payments. My son has been staying with us now for 11 weeks during lockdown . He has Down's Syndrome so his immunity levels are compromised. My understanding regarding housing benefit is that it can be stopped if a recipient is absent from their residence/home for more than 13 weeks. If they return to their residence for 24 hours (or more) the 13 week period can restart. I have just spent a night with my son at his flat so we have covered that requirement! I trawled the gov websites but there was nothing mentioned about the current situation being part of a legitimate exemption of the rules.

If you are using direct payments to pay carers/personal assistants then you need to check the wording on their contracts. My son's carers all have fixed contracts so asking them not to visit/work with him meant we had to continue to pay them. It's different if they are on zero hours contracts (for less than 2 years I think) and different again uf the carer chooses not to work or becomes unwell and cannot work. We sought advice from his Insurers but there is advice on one of the gov.uk websites. It's a bit of a minefield it seems! I hope that helps - sorry if this is all a bit wordy.

[carryanne in reply to Penny235]

That is very helpful - thank you