Housing benefit interview under caution

[Sg1431]

Unhappy Housing benefit under caution interview

Hi I would like some advise

Last week I got a letter from housing benefit about an interview under caution I started my claim in 2010 and was renting a house that my brother owned I was honest with the council and told them about this.

At the end of 2010 I had a big falling out with my sis in law and she threatened to kick me out and make life difficult for me. To avoid this my brother put my name on the house title deeds so that if anything happened to him I would still have a place to live. Through out the whole time I was still paying u brother rent.

Twice after this someone from the council came out to make sure my claim was right and no one mentioned anything. A name on a title deed is not something that can be hidden it is on government record and information that can be obtained at anytime.

I am now worried that they think j have bought the house from my brother but no more net was exchanged I did not take out a mortgage or had any other interest in the house my name was purely on the title deed for the security of my children. I am really worried and am sick with worry doea anyone have any advice

[Shoelover]

Did you tell them at the 2 review visits that your name was now on the deeds? If not why would you expect them to have noticed?

I think it's likely that you will have to repay the money.

[antone]

Yes. If your name is on the title deed then I would think you are, in effect, joint owner of the house. You can't claim HB for a property that you own. The council does not, as a matter of course, trawl through the documents held by the Land Registry on the offchance that any one the thousands of claimants they deal with has become the owner of a house. The onus is on you to inform them of changes in your circumstances. Their previous checks were probably to ensure that the tenancy was not "contrived" to take advantage of HB rules.

 

I would suggest contacting a solicitor. You can ask for the interview to be postponed while you do this if you need more time. I realise that you did not intend to do anything wrong, but from what you've said I agree with Shoelover - at the very least, you could be looking at an overpayment of benefit starting from the date you were added to the title deeds.

[Sg1431]

I understand everyone's points of view and after reading up online I understand that I was in the wrong but I'm really worries that they will see this as fraud rather than a mistake

[citizenkain]

they probably will,its the way they work

[antone]

I understand everyone's points of view and after reading up online I understand that I was in the wrong but I'm really worries that they will see this as fraud rather than a mistake

 

They might see it as fraud, yes - they're certainly considering the possibility, which is why they've asked you to attend an IUC. When you make a claim for benefit, you sign a declaration stating that you will inform the relevant department (council, DWP or whoever) of any changes in your circumstances.

 

That's why I strongly advise you to seek professional legal advice. I appreciate that you did not intend to do anything wrong, but from the point of view of the council investigators there's certainly reason to look into this further.