Local Housing Allowance/Non dependents?

Glittermonkey

Hi all,

Quick run down - My 19 year old brother who lives with me, pays me rent etc has lost his job.

He is signing on for JSA but I was told by the benefits office that he wasn't allowed to claim any help as it would be a contrived tenancy or something like that as we are family but I can claim for a second adult rebate on my Council Tax so the forms have been sent.

I was just entering my details on entitledto and it gave me a result as being entitled to Housing Benefit.

I just wanted to check I am doing this right. My rent per week is less than LHA allowence for my area and size of property. Which figure do I use, the one determined by the the LHA website or my actual rent?

Also, does he class as a non dependent? He isn't on my tenancy agreement but paid me rent, I basically rented him a room in my house.

I had so many problems previously with my council last time I got HB so really dont want to claim unless I am entitled to it.

Thanks

GM

karenx

Does your landlord know her is living there and paying you money? As you cant rent out a room when you are on a tenancy agreement as its not your house to rent out

Jowo_2

The Shelter website has a section on housing benefit and how it works when the landlord is a relative. Essentially, housing benefit is not payable when tenant and landlord live together in the same property.

Glittermonkey

Landlord is not my relative. Its my brother who lives with me.

Yes, landlord knows he is here and pays me money towards the rent. The house was originally a shared house many years ago, I rented a room here when I first moved in and as people moved out I just never re-let them due to having a family etc.

gardnjam

Glittermonkey wrote: »

Hi all,

Quick run down - My 19 year old brother who lives with me, pays me rent etc has lost his job.

He is signing on for JSA but I was told by the benefits office that he wasn't allowed to claim any help as it would be a contrived tenancy or something like that as we are family but I can claim for a second adult rebate on my Council Tax so the forms have been sent.

I was just entering my details on entitledto and it gave me a result as being entitled to Housing Benefit.

I just wanted to check I am doing this right. My rent per week is less than LHA allowence for my area and size of property. Which figure do I use, the one determined by the the LHA website or my actual rent?

Also, does he class as a non dependent? He isn't on my tenancy agreement but paid me rent, I basically rented him a room in my house.

I had so many problems previously with my council last time I got HB so really dont want to claim unless I am entitled to it.

Thanks

GM

Hi there.

The benefit information the benefit office gave you, and that of Jowo, is indeed correct - Regulation 9 of the Housing Benefit Regulations specifically prevents HB being paid where the landlord is a close relative and resides in the same property.
However, provided no one else over 18 besides you and your brother has their sole or main residence in the dwelling, you will be able to claim second adult rebate.
I presume your brother is receiving JSA. If it is JSA Income Based (IB), the equivalent of 25% of your council tax liability will be awarded to you in benefit from the date of claim (usually his first point of contact with the council/dwp as long as completed application is returned to the council within one month of it being issued).
If he has any other form of income, such as a part time/ weekend job, this, too, will be taken into account, as will capital.

He would be classed as a non dependent.

I hope this helps

Glittermonkey

gardnjam wrote: »

Hi there.

The benefit information the benefit office gave you, and that of Jowo, is indeed correct - Regulation 9 of the Housing Benefit Regulations specifically prevents HB being paid where the landlord is a close relative and resides in the same property.
However, provided no one else over 18 besides you and your brother has their sole or main residence in the dwelling, you will be able to claim second adult rebate.
I presume your brother is receiving JSA. If it is JSA Income Based (IB), the equivalent of 25% of your council tax liability will be awarded to you in benefit from the date of claim (usually his first point of contact with the council/dwp as long as completed application is returned to the council within one month of it being issued).
If he has any other form of income, such as a part time/ weekend job, this, too, will be taken into account, as will capital.

He would be classed as a non dependent.

I hope this helps

Thank you.

My brother has his appointment tomorrow with the Job Centre tomorrow for JSA, and no he doesn't have a penny to his name or any other income/savings etc.

Not sure where this living with my landlord has come from, maybe I wasn't clear enough in the first post but I can assure you I don't live with him. It's just me, my brother and my daughter that live here.

I was just confused over the entitledto website. My council said he couldn't claim HB as it's not official tenancy between me and him but the entitledto website says I I can claim it.

fluffymovie

Hi there

For LHA purposes, you are his landlord as you are the tenant and he is renting a room from you. He can't claim as he would be paying rent to you, a close relative

gardnjam

Glitter,

Sorry I just noticed that you said he pays rent to you.
On this basis you would not be able to get Second Adult Rebate (SAR).

Jowo_2

Glittermonkey wrote: »

Landlord is not my relative. Its my brother who lives with me.

Yes, landlord knows he is here and pays me money towards the rent. .

But you are your brother's landlord, albeit a mesne (i.e. intermediate) landlord. He's your lodger. As you receive the rent and he's not on the tenancy agreement and you are both in the same property, he can't get HB - the fact that your landlord lives elsewhere is irrelevant. The DWP would require evidence of a tenancy agreement from a landlord living outside of the property to pay a valid LHA claim, I think.

I believe that if the rent you receive from him is greater than £4250 per year, you have to complete a tax return (google 'rent a room' scheme). How your income from him affects any of your means tested benefits, I can't say but others will be able to advise as I think there is a modest amount that is ignored. Anyone else have any thoughts/feedback on this?

The only scenario I can think of where the state would pick up the tab for your brothers rent while he is unemployed is if holds a tenancy with your landlord but he would then be expected to pass the rent onto the landlord. He could only claim a room rate for a shared property as he's under 25. Again, anyone care to critique this information in case I am wrong and advise the OP of other options?

gardnjam

fluffymovie wrote: »

Hi there

For LHA purposes, you are his landlord as you are the tenant and he is renting a room from you. He can't claim as he would be paying rent to you, a close relative

Good point. It's only for persons residing in the property on a non commercial basis. It is usually payable in respect of grown-up children still living at home.
Sorry ,Glitter, I didn't have my head in gear.

Glittermonkey

fluffymovie wrote: »

Hi there

For LHA purposes, you are his landlord as you are the tenant and he is renting a room from you. He can't claim as he would be paying rent to you, a close relative

Thanks.

This is what my council were on about contrived agreement.