Rent/Council Tax Question

[joe1965]

My brother-in-law is disabled and needs round the clock care which is given by my sister. They are entitled to full rent/council tax rebate which is given to the the housing association by the council. My neice is 17, nearly 18 and works fulltime.
They have been informed that when she reaches 18 she will be liable for the full amount of rent/council tax for that address.
Is this right? Don't they have to allow for her parents and divide the cost by three?
It seems very unfair to me that a girl of 18 bringing home £180 pw will lose nearly half of it each week for rent/council tax before even paying for her keep.

[MrShed]

Who has informed them of this, the council? Is she listed on the tenancy agreement? what benefits does your neice claim/your sister on behalf of your niece(child benefit etc)?

[joe1965]

My neice claims no benefits as she is in full time work. She is not on the tenancy agreement, just my brother in law and sister. The council state as a non dependant she is liable. I have been told this is also happening to unemployed couples who have a child/children on reaching 18.

[MrShed]

Well this link directly contradicts that:

Council tax*-*Who is liable?*-*Wandsworth Council

stating that the parents are "more liable" than the daughter.

[MrShed]

As far as rent goes - the daughter is not on the tenancy agreement, so is not liable at all for rent irrespective.

[joe1965]

Originally Posted by MrShed

As far as rent goes - the daughter is not on the tenancy agreement, so is not liable at all for rent irrespective.

Thanks for the link, is there one for the rent?
It would be nice to be able to have something to print out and show them up the council office.

[MrShed]

Certainly is:

DWP - Services and benefits - Housing Benefit

In particular, look under the "How much will I get section" - yes they will lose some housing benefit, but a VERY small amount(as shown in this section).

[joe1965]

You are a star. many thanks for the info. Do you work for a council by any chance?

[joe1965]

One question regarding the council tax, it said on the site you linked to that the owner is liable not the tenant if they live there. So, as they are tenants to a housing association how does that stop their daughter having to pay it?

[MrShed]

You are very welcome I dont, but close - work for a housing association!

The question is a valid one, and I had to read twice myself. Basically, the tenants are higher up the list than the non-tenant resident(the daughter). Therefore, they are liable. Whether they get benefits or not doesnt make them any less liable, it just means it is paid for by the state as opposed to by themselves. Does that make sense?

[joe1965]

It does thanks.

[MrShed]

Welcome let us know how you get on!!

[sallysas]

Sorry to be a wet blanket but as a non-dependant once she is over 18 she does have to make a contribution to the rent. Certainly not ALL of it though. It works on a sliding scale (as provided my mr shed) and works on her gross income. I would imagine this will be a contribution of either £17 or £23.35 per week. Just think of the true cost if she had her own place though.

Just send in 5 weekly or 2 monthly payslips and the council will do the rest. If she dosn't get payslips a letter from her employer stating how many hours she works, national insurance number and gross pay will be fine. The less she earns the smaller the contribution. If her income increases/decreases you have a month to let the council know and the same applies if she leaves your property.

Not supplying this information means the council will take the highest deduction the law allows.

[joe1965]

Having talked to a few people today, some of the children over 18 of parents on state benefits are being charged full rent every week! Who should the council be reported too?
I went up with my neice today with the print outs of what Mr Shed provided and they said it don't count and full rent will be required when she hits 18 .
Since having sold all their homes off to a community housing association they are trying every trick in the book to increase revenue from every source possible.

[MrShed]

Sally - dead right, I was wrong on my initial post - hence why I posted the link stating that difference would be very low.

That said, it is actualyl completely incorrect to say she is LIABLE for the rent, as she is not as she is not part of the tenancy agreement. However, her being resident, CAN affect benefits that are used to pay for the rent. Same outcome, but very distinct difference.

[sallysas]

Joe that is so wrong - she can't possibly be liable for full rent as MrShed says in last posting.

NOT providing details of her income would have negitive impact on their entitlement as I said earlier but I suggest providing payslips will sort it out. Who says full rent is payable - the council or the housing association? Whoever it was they are wrong. Hb calculations are the same for all councils. It's the same format/figures all over the country. Is there an ombudsman you can contact or at least a councillor? This is really winding me up on your behalf!!!!!!!!!!!!!!!!

I also think you are in the wrong forum. The one dealing with housing benefits would be more appropriate and you might get more advice (but MrShed is doing a grand job).

[MrShed]

Wholly agree sally - farcical!!!

(and thanks for the compliment )