HB Issue

[netsniper]

Not too sure if this is the right place to post, so please accept my apologies if its not?

 

I have lived with my daughter now for a number of years,

I am currently receiving IB & DLA after having a quadruple bypass amongst other problems I have,

 

 

the reason I live with my daughter is

(1) she looks after me and

(2) I can't seem to find a place of my own to rent.

 

 

My daughter works part time and looks after me and her son (My grandson)

She receives tax credits and HB,

she lives in a 2 bedroomed house which is to small

I sleep and the sofa which I have done now you a number of years,

 

 

as my health isn't getting any better we think its time to try and find a 3 bedroomed house

I can have my own bedroom,

 

 

the question I have is.....

. bearing in mind what I have said above,

I realise that there will be a limit to what HB she will be allowed just as it is now,

in fact she is actually penalised because I live in the house,

for me being here she has a deduction of £12 per month I think ?

if I were to officially pay her rent then the HB she gets would be reduced even more.

 

 

Going back to my question

assuming we find a 3 bedroomed house would the council allow any extra HB

or would my daughter be further penalised because its a 3 bedroomed house

and I'm not considered as a dependent?

If this is the case?

is there away around this?

 

 

I'm, thinking at the moment that for the council to house me

and allow full HB would cost them a lot more than allowing my Daughter more because I'm there.

 

 

I hope you can understand what I'm saying here but I will answer any questions you wish.

[Nystagmite]

Is it possible for you to claim HB instead? I seem to remember there's no deduction if you (the claimant) receives DLA.

[netsniper]

No its not really an option as I wouldn't be able to take on a tenancy without a job and work references.

[antone]

You could look at the LHA calculator here.

 

This is assuming that you are (or rather, will be if you move to a new place) in private rented accommodation. It looks to me like your daughter should be able to claim LHA/HB for three bedrooms under the circumstances you describe. There would still be a deduction from her payments - this is called a "non dependent" or "non dep" charge, and that's the £12 reduction you refer to.

 

However, the best bet would be to discuss the situation with you council's benefits section, or welfare rights advisers if they provide such a service. The discussion could easily be on a hypothetical "what if...?" basis before you actually made any dramatic changes like moving house.

[Lillibelle]

Can she not claim Carers allowance for you? I know it limits the hours she can work (earning £100 pw is the maximum I believe although I'm more than happy to be corrected by anyone who knows different). My best advice would be to either see the Benefits advisor at your council,or go to CAB who are brilliant (as a rule) and find out what other options you have.

 

I wish you all luck

[estellyn]

As long as your daughter finds a 3 bedroom house for equal to or less than the local 3 bed LHA rate, then there should be no problem with the benefit situation - she would be expected to contribute the same as now and so would you.

[netsniper]

Officially I'm not expected to make any contribution. Than you all for the pointers its given me something to think about.

[estellyn]

Officially I'm not expected to make any contribution. Than you all for the pointers its given me something to think about.

 

The non dependant deduction IS your expected contribution.

[id6052]

Hello netsniper,

 

I am assuming your daughter rents her home from a private landlord, if that is not the case, please let us know

 

If your daughter moves to a 3 bedroom property, her maximum housing benefit would be based upon the 3 bedroom LHA rate for your area (less the non-dependant deduction of £11.45), as a room would be allowed for each of the following: -

 

1. a single claimant - your daughter
   
2. one dependant child - your grandson
   
3. one non-dependant adult - you
   

Antone has posted a link earlier that will allow you to check your local LHA rates, the rates will normally also be shown on your council's website.

 

 

You have mentioned the idea of you officially paying rent to your daughter. Please note any rent you pay would not affect your daughter's benefits. However you would not be able to claim HB for rent to your daughter and would therefore have to pay this from your existing income.

 

 

If you move to a 3 bedroom property, the best option is normally to become joint tenants at the new address, this would have the following results: -

 

1. your daughter would not have a deduction of £11.45 applied to her housing benefit
   
2. her HB would be calculated based upon LHA for a 2 bedroom property
   
3. you would be able to claim HB based upon LHA rate for either a one bedroom shared or one bedroom self contained property
   

To allow me to check if this is best option for your family, can you let me know what type and rates of DLA you receive?

 

Also to let me check your LHA rates, can you confirm which council you deal with?

[netsniper]

Hello netsniper,

 

To allow me to check if this is best option for your family, can you let me know what type and rates of DLA you receive?

 

Also to let me check your LHA rates, can you confirm which council you deal with?

 

Thank you for you help., and sorry for the delay my daughter was away the week end. Yes my daughters house is private rented and a joint tenancy won't be allowed because I am not able to work.

 

Here is as much information as I can gather for you:

 

Myself:

Care rate (Middle) £47.80

Mobility (High) £49.85

Income support/IB £202.70 every 2 weeks (which includes Disability premium of I beleive £25.00)

 

My Daughter:

Wages £110 Pw

Child benefit £20.30 Pw

Working tax credit £72.74 Pw

Child tax credit £60.77 Pw

HB £66.69 Pw

 

The actual rent charged by landlord at present is £475 Pm for this 2 bedroomed house which leaves a £186 month shortfall. Looking around the aria at houses which are similar it seems that what rent is charged here is probably low compared to most others which are similar.

 

The LHA is Shropshire

 

If you need any more then ask and I'll try a dig it up.

[id6052]

I appreciate that most private landlords are unlikely to offer you a tenancy, however are you sure a joint tenancy would not be allowed? In today's rental market, a lot of private landlords insist on creating joint tenancies where there are are more than one adults in the property (as it allows them two targets for recovery).

 

Assuming you are unable to get tenancy in your own name, you would definitely be better off becoming joint tenants, for the following reasons: -

 

 

1. At the moment, your daughter's HB could increase by £11.45 as you would no longer be a non-dependant
   
2. You would be entitled to the severe disability premium, which would give you an extra £58.20 income support a week
   
3. you could be entitled to up to £86.54 HB in your own right
   

[netsniper]

But then would this mean that my daughter would have to contribute to the rent? or would this change effect any other of her befits. How is it I would be entitled to severe disability premium, which would give you an extra £58.20 income support a week I already receive IS/IB with a premium of £25.00. Sorry to sound dumb but I just can't get my head around it. Thank you for all your advice by the way.

[id6052]

if a person is in receipy of DLA(care) at the middle or higher rate (and does not have a non-dependant), they are entitled to an extra premium (Severe Disability Premium) in their IS - this premium is on top of any Disability Premium you already receive

 

You would not qualify for the Severe Disablement Premium under your current circumstances as you and your daughter would be treated as non-dependants of each other.

 

However if you were joint tenants, you would be eligible.

[netsniper]

The property I am looking at is £585 per month which seems to be about average around here, so are you saying that I would only get up to £86.54 pw HB ? if that is the case I would have a shortfall of about £50 pw? or am I misunderstanding you?

[id6052]

if you were joint tenants and the rent was split 50/50

 

you could claim for your half of the rent (£292.50)

 

your daughter could then claim for her half of the rent (she would not get full amount due to her income)

[netsniper]

Thank you for all your help, just have another question. Can anyone point me to a council tax benefit calculator, I've tried speaking to the council to get some sort of figure from them but they're less than helpful and I really need to know how the entitlement is worked out.

[pandaspot]

http://Www.entitledto.co.uk

[netsniper]

Thank you I'll have a look.

[netsniper]

Well a lot has changed since I last wrote here and now have a slightly different problem..

 

 

I moved out of my daughters house some time back when she went to live abroad

and at that point had no where to live until someone I know said I could live with them which is great,

 

 

the person who I am talking about is my estranged wife's sons ex partner who has a child,

I haven't lived with my wife for many years and don't know where she is?

and her sons ex partner has not had anything to do with him for 11 years.

 

 

Now this is where I think it gets complicated...

 

 

When I moved in to this house the young lady was receiving HB and going to college

and has now secured a full time job so her benefits will all stop now

and although she has never asked me for any rent or help in the past

I have in my own way made some contributions to the household bills etc.

 

 

I was thinking that if I can pursued her to charge me rent

I would feel a little better knowing I am helping her because she will be struggling

but when I look at the HB form one of the many questions it asks is..

 

Are you or your partner or

anyone else who lives with

you related to your landlord

or landlady ?

 

This includes

people who were related through

marriage, even if the marriage has

ended, for example, ex-wife, ex-

husband, aunt, brother, daughter,father, grandson, grandmother, son-in-law or stepdaughter.

 

Now my question is are we related ? yes I am still married to the young ladies ex partners mother but the young lady was never married to her son, so what does that make me????

 

Because I am disabled and have been for many years

I am currently receiving DLA at the higher rate and the new Work-related support allowence.

[netsniper]

If no one knows the answer to my question above? then can anyone point me to where I might get an answer.

[estellyn]

I would say you're not related, but, were it me I would still declare how you are 'related', maybe with a no to the question, put a star beside it and then write a short explanation in the notes - this then covers you.

[id6052]

Although you are not related to your step-son's ex partner, I would probably say YES (to be on safe side) as you are related to her child as you are the step-grandparent

 

I would be very cautious with your plan

Persuading the ex-partner to charge you rent so you can claim HB would be considered to be creating a rental liability to take advantage of the HB scheme

In such a situation, you would not be entitled to HB but would still be liable for the rent

So you would need to pay the agreed rent out of your existing income

If you did claim HB and the background came to light at a later date, you could end up being prosecuted for benefit fraud

[netsniper]

Although you are not related to your step-son's ex partner, I would probably say YES (to be on safe side) as you are related to her child as you are the step-grandparent

 

I would be very cautious with your plan

Persuading the ex-partner to charge you rent so you can claim HB would be considered to be creating a rental liability to take advantage of the HB scheme

In such a situation, you would not be entitled to HB but would still be liable for the rent

So you would need to pay the agreed rent out of your existing income

If you did claim HB and the background came to light at a later date, you could end up being prosecuted for benefit fraud

 

 

She is not my ex partner, but thank you all for the advice

[id6052]

i did not say it was your ex partner, i understand that it is your stepson's ex-partner

[netsniper]

Ok sorry I misunderstood.