retirement and housing benefit

Oldernotwiser

McKneff wrote: »

Why oh why do people commit fraud and are stupid enough not to realise that they are liable for prosection.
The flat is not your fathers, it is your brothers, he (father) is paying rent to your brother to cover your brother who is paying the mortgage, not your father. Your father is entitled to exactly zilch.


Your brother could just evict your father and walk away and still keep every single penny that the property is sold for.

So, now the tax payer has to bail your father out.

If youre brother gives him anything it would be out of the goodness of his heart. Nothing to do with rights, legalities, just family love,
just to make you aware of this.

Your dad needs a lesson in responsibility

I agree with you except that we haven't been given any indication that the father is paying rent for the flat at the moment.

Jowo_2

Oldernotwiser wrote: »

I agree with you except that we haven't been given any indication that the father is paying rent for the flat at the moment.

which is a potential barrier to the receipt of LHA precisely because not paying rent when in employment but billing the public purse when eligible is deemed to be a contrived tenancy and the claim will be rejected.

SiannieLaz

Thanks for all your comments. I know that they flat is not really my dad's, my brother finds it very, very difficult to deal with my dad's emotional blackmail. When Bro bought the flat, my dad did not receive any money, the mortgage was paid and the difference was put in the mortgage account. I personally feel that my brother should kick my dad out on his backside and leave him to it. Our childhoods were heavily influenced by his drinking and the fact he did nothing financially, my mum kept a roof over our heads, not him. My bro does not have the strength to kick him out. If the flat is sold, my brother will give my dad the money, which will mean within a year, my dad will have spent all the money and will start harrassing my and bro to support him. I will say initially say no, but can i deal with him having nothing and coming to my door all the time? As mentioned my bro lives in Australia so it will be me that deals with everything, on the emotional level.
With regard to the comments about the tax payer bailing my dad, I have worked continously since I was 18, am now 37. I currently work over 70 hours a week and pay tax. I also deal daily with pensioners who have nothing and are supported by the state. I am not excusing his behaviour.
He has been paying rent for the last 8/9 months.

Wee_Willy_Harris

LHA would want evidence of rent payments (bank statement, money tranfers etc), easy enought to do if he has to transfer money to an Australian bank account. I mean, he's hardly likely to pay cash, is he? If that cannot be evidenced, then LHA payments are unlikely.

Of course, there is also the question of a large sum of money going his way. This would bar him from LHA until that money was LEGITIMATELY reduced to below £16k. Just p%#sing it up the wall wouldn't be regarded as legitimate.

I think your on to a no-hoper re LHA.

McKneff

\you paying tax etc has nothing to do with the tax payer bailing your dad out. Why would you think it might.
Pensioners who are supported by the state have paid their own dues through their working life, It diesnt matter how much
their children have paid into the pot.

Ive worked and paid taxes all my life from being 15 years old and am now 60, brought 2 kids up, now have only got 60% state pension
to show for all the taxes etc for the past 45 years and i am proud to say I have never, ever claimed a penny from the state in benefits.
I saved into a pension for my old age and it supplements the 70odd pounds i get a week of state pension.

My advice, for what its worth, tell your Bro to sell the flat, pay your fare to Australia and just !!!!!! off and leave hime to it. lol
(Sorry, I know, its easier to say than do, after all, he's still your dad, . My mum and dad had their priorities all wrong as we grew up
but i still miss them, they have been dead now for over 20 years.

mgirl_2

Your dad would have to have a tenancy, and be paying rent, and as noted by others, the council would have to be happy that the tenancy was not contrived. If it's an informal arrangement that your dad pays rent, and there is no tenancy in place, I don't think they would pay him HB.

I can see this isn't easy for you or your brother, and I hope you get it sorted.

AnxiousMum

If your brother is living in Australia - and he owns the flat here which he is renting out - is he aware of the tax implications for him? He MUST declare the income on his Australian tax return, and can only claim back the cost of interest, NOT the capital repayments. If the mortgage happens to be paid off by now, then he must include this rental income on his income tax return each year. If there is a loss on the flat, he can use this loss to offset his income tax in Oz as well. Your brother may be a pushover with regards to your dad, but does he realise the problems that he might create for himself? When the application for housing benefit is made, this may all be flagged up by the LHA - as they would need to know who the owner is etc., and short of giving fake addresses and such, your brother could find himself in hot water trying to bail his dad out.