Housing Benefit query RE: living with a relative.

Dannyb0y

Hello everyone, new member here! :j

I'm being a tad lazy here and pasting my initial posting that I made in another forum (where I was told about this one!).

"I've been off work long term due to health reasons and I'm probably not going to be able to get back to work till mid-2009. At the moment, I'm sharing a flat with my landlord but I'm hoping to move in a couple of months down to the coast with my aunt. She's going to be advertising her spare bedroom for rent because she needs the money, even though she's not that keen on the idea of having a stranger living with her. Needs must 'n all. She would take me in rent free if she could afford it but her money troubles are what's prompted her to look for a tenant. Obviously, if I can move in with her it solves her problem of living with a stranger and I would just be all round better off being around family right now and I'd like to leave this area for a fresh start.

The only real potential stumbling block is whether I'd still be eligible for Housing Benefit. At present, all my rent is paid by HB, no problems. However, there is an issue regarding living with close relatives. According to the dwp website:

Close relatives

You cannot claim HB if you live in the same dwelling as your landlord, and they are a close relative of you or your partner.

A close relative is a:

* parent
* or step-parent
* or father-in-law or mother-in-law
* or child
* or step-child
* or son-in-law or daughter-in-law
* or brother or sister
* or brother-in-law or sister-in-law
* or partner of any of the above.

Now I would logically assume that an aunt would be considered a close relative but it's not included in that list and it doesn't state that there are any further inclusions to the rule. So my question is- has anyone been in a similar situation? I know it's unlikely, but I'm trying to get an idea of whether this is likely to work or not because I can't afford to give my notice here, pack up all my stuff and move in, only to then be rejected for HB... Anyone??"


To then answer replies I got on the other forum:

I have already spoken to the CAB who couldn't help and suggested I ring the council where I'm hoping to move to (Arun). I called them and they were unable to give me an answer either. The lady simply agreed that it did indeed only state the relatives I mentioned above and she offered to send me the form I'd have to initially fill out. Apparently though, they then come to visit you at the place you'll be living and do the majority of the form filling there with you in person. As such, I'm worried that I'll be taking quite a gamble moving down there if I was to then find out that I wasn't eligible. Does anyone here have any ideas about this situation?

[Deleted User]

the only useful advice i can offer would be to contact the housing benefit office at the local authority where your aunt lives and hopefully they will have an answer

Kimitatsu

I would ring your local housing department and ask them for clarification, if possible in writing!! Someone should be able to give you advice as to whether your claim would be valid.

On the face of it you should be ok, but they seem to list just about every other relative apart from uncle and aunt which is strange as they talk about parents in law, step children etc. Have you asked Arun council for a copy of their policies? It may be that they have a clause in there that will clear it up for you.

Re your landlord, to protect yourself can you not get him to serve you with notice to move out? That way in the event that you cannot claim HB then you have not made yourself "intentionally homeless" and the local council has a statutory duty to help house you.