Local Housing Allowance/Non dependents?

Vixie_Pixie

HappyMJ wrote: »

Another option is for your brother to set up a tenancy agreement directly with your landlord so that he can get the shared room rate of LHA. As it's a new agreement the council will see it as contrived so you and he will need to see housing officer at council to prove otherwise.

yes thats definately an arrangement to take advantage! Would not recommend! lol.

theres another rule that states HB cant be paid if "former non dependants become joint tenants.." :wall:

I think the OP should make a claim in her own name and list brother as non dependant, because in HB law that is what he is!

Glittermonkey

Vixie_Pixie wrote: »

Glittermonkey - if your income is below a certain amount you can claim HB for yourself and your brother would be classed as a non dependant in your claim. If its you, him and your daughter you will be entitled to 3 bed LHA rate.

however you can def claim 2AR and you would be entitled to a 25% reduction in your ctax bill

It worries me that the word "contrived" was used v flippantly! Its completely different to the situation! He is a non dep - ie an adult relative in the property on a "non commercial" basis. Thats why there are non dependant deductions! Of course if you claimed HB and he was working your NDD would be higher (max about £47 per week) but if he is on JSA usually there is a very little deduction or none at all which increases your benefit entitlement. HTH

Jowo - a contrived tenancy applies to any tenancy that has been created to take advantage of the HB scheme...

Thank you.

When I originally called it was about my brother. It was only tonight, looking at entitledto that I saw I may be able to claim so wanted to clear up if he is a non dependent or not.

Glittermonkey

fluffymovie wrote: »

Sounds like the advisor you spoke to at the council was not 100% sure of the situation.

I have taken this from direct.gov with regards to 2AR
Second Adult Rebate


You may get Second Adult Rebate if the person you share your home with is:

• not your partner or civil partner
• aged 18 or over
• not paying you rent
• not paying Council Tax themselves
• on a low income

As your brother is paying rent, you would not be eligible for 2AR. So you have been incorrectly advised.

If your income is low, you could apply for LHA and would be entitled to the 3 bed rate but they would take a Non dep deduction on the basis of his income and dependent on age

He was paying rent, but not anymore since he lost his job so I think that part was correct.

Glittermonkey

Vixie_Pixie wrote: »

to clarify - your brother would not be able to claim HB because what he pays you is considered to be "keep" The close relative rule is there to stop adult sons and daughters or other non dependants claiming HB for their parent's/relatives/friends keep money!

Thanks, this is what I think the council were getting at when they mentioned a contrived tenancy.

Glittermonkey

HappyMJ wrote: »

It's a silly system. Your first option as his landlord is to make him homeless then the council will house him in another place and pay the rent on that other place and then to cover the £300 shortfall you have you'll have to rent a room to someone else not related to you i.e a stanger and with a daughter in house it's not something i'd want to do.

Another option is for your brother to set up a tenancy agreement directly with your landlord so that he can get the shared room rate of LHA. As it's a new agreement the council will see it as contrived so you and he will need to see housing officer at council to prove otherwise.

Ohh, the temptation to chuck him out

Sadly, it looks like I am stuck with him.

I've had enough bother with my council in the past over HB so it is my last resort, so really wouldn't want to do anything that may look like I am up to no good. But I cant afford to keep us both and if I can get some help, then I'll have to try.

Glittermonkey

Just wanted to give an update on this.

I put in a claim for a second adult rebate for my council tax. The forms states "If you are claiming a second adult rebate, please fill in sections 1, 3 and 20" So I filled in exactly what they wanted.

This week I get a letter back addressed to me in my old name (form asked if I have previously been known by any other surname), full of spelling mistakes and states they are writing to me regarding my Housing Benefit claim.

They say I have failed to complete the form properly and I now have to provide details of my income, tenancy agreement, bank statements etc. It also says "You say your brother is claiming JSA, please provide us with his employers detaisl and evidence of income" ??!! - He doesn't have an employer, thats why he gets JSA! and "You failed to mention that XXXX (Mini Glittermonkey) lives with you, can you confirm if she is still resident" - She isn't named on the form as its to do with Council tax and they know about her somehow as they have named her!

I think a work experience person from a local primary school must of helped write this letter!

I phoned up and explained I wasn't going for HB, just 2nd adult rebate and had filled in what is asked for on the form. (Just rechecked the form and nowhere has it asked for income details, children, tenancy agreements etc)

Apparently I still need to provide everything as I may be entitled to HB and CTB. Told them I dont want to claim them at the moment, just a rebate on my council Tax but according to them they are all one department and if I dont provide what they've asked for, they wont process my rebate request. It is so frustrating.

ruggles42

I'm really shocked by this, I'm a benefits assessor and if a person puts in a claim for second adult rebate I would only request proof of ID/NINo for the applicant and then income details for the second adult....!:(
I don't know why they are insisting you make a claim in your own right but I would ask to speak to a supervisor regarding this as I'm sure that, as it states on the form itself, you don't have to provide all this information and it is entirely up to you whether you want to make a claim or not!!
If that fails I would request your local Welfare Rights to look at this, a letter from them usually ensures a more thorough look at your application!!;)

Macro_3

ruggles42 wrote: »

I'm really shocked by this, I'm a benefits assessor and if a person puts in a claim for second adult rebate I would only request proof of ID/NINo for the applicant and then income details for the second adult....!:( and jump for joy doing it, whilst singing the 'i've got an easy claim' song :rotfl::j
I don't know why they are insisting you make a claim in your own right but I would ask to speak to a supervisor regarding this as I'm sure that, as it states on the form itself, you don't have to provide all this information and it is entirely up to you whether you want to make a claim or not!!
If that fails I would request your local Welfare Rights to look at this, a letter from them usually ensures a more thorough look at your application!!;)

I'd just write a note stating that 'I wish only to claim 2AR at this time and as such will not be providing proof of income for myself as requested etc. Please process my claim.' or something like that.

If they refuse, write a letter of complaint to the head of the department.

Glittermonkey

I think you are both right, I will write to them. I was going to go into the offices but at least this way I have proof.

Looking at entitledto I probably am entitled to some HB and CTB, but due to previous problems when I claimed after my DD was born, claiming again would be my last resort.

Glittermonkey

Final Update!

I took everything that was asked for to the council yesterday.

Saw a really nice man who was quiet annoyed about what had happened. He checked my application in front of me and showed me I had filled in the correct parts and he had no idea why the letter was sent. He tried to call the person who sent the letter to tell her she was wrong and why didnt she read the form properly but no answer.

I told him about the call and he said that he wonders how some of these people get jobs and they obviously have no idea what a 2AR is.

He photocopied proof of my brothers JSA and that was it, 2AR is applied :j