Key Points
- It applies only where the sponsor receives a specified benefit.
- There is no £29,000 per year threshold in these cases.
- The test compares income after housing costs with the level of Income Support.
- These applications need their own calculation and should be assessed separately.
Relevant benefit cases
The adequate maintenance test applies where the sponsor receives one of the specified benefits, which include:
- Personal Independence Payment
- Disability Living Allowance
- Attendance Allowance
- Carer's Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Armed Forces Independence Payment and certain war pension payments
The adequate maintenance concept
The question is whether the family's net income, after housing costs are deducted, is at least equal to what a family of the same size would receive in Income Support.
Housing costs
Rent or mortgage payments and Council Tax are deducted from income before the comparison is made. Evidence of what you actually pay is therefore essential.
Income
Income from lawful sources counts, including the sponsor's benefits, earnings, pensions and reliable support. Savings can also be taken into account.
Evidence
- Official award letters for each benefit
- Bank statements showing the benefits and any other income being paid
- Tenancy agreement or mortgage statement and Council Tax bill
- A clear calculation comparing income after housing costs with the Income Support level
Why these applications should be assessed separately
The test is a calculation specific to your household, and the benefit rates used change each year. A sponsor who has just been awarded, or has just lost, a qualifying benefit may move between the two regimes.
Frequently Asked Questions
Does Universal Credit exempt us from the £29,000 requirement?
No. Universal Credit alone is not one of the specified benefits. The exemption depends on the sponsor receiving a qualifying disability or carer's benefit.
Official Sources
This page is general information, not legal advice. The rules and figures are set by the Home Office and can change.