Housing Benefit and Council Tax query, advice greatly appreciated!

vbnm247

Hi all. I am hoping someone can help me with a query regarding a recent HB claim.

Due to a family breakdown last year my younger brother and my mother have been homeless and due to their ages they do not qualify for any kind of priority housing and so have been living with relatives while trying to get a council flat.

Unfortunately this has dragged on too long so to try and help my brother find some stability I have signed a joint tenancy for a private flat. I work but my income is not great. As my brother receives JSA IB he has applied for and been awarded Housing benefit.

My question is regarding my mother, to help our other relatives there will be times my mother stays with us. As she does not work or receive benefit we will be looking after her.

What I am trying to find out is should my mother be classed as a lodger and included in the HB claim considering she is unable to work and does not receive benefit? (my mother has been mentally unwell)

I have tried to google this with no luck and cant contact the council until next week.

Any advice would be greatly appreciated.

vbnm247

Hmm no one had many dealings with Housing Benefit and lodgers?

dmg24

She would need to be living there permanently in order to claim benefits at that address.

Why does she not receive any benefits?

Are you allowed to sublet?

McKneff

Wherever she lives she should be receiving some sort of benefit She can't survive on nothing

allen35

vbnm247 wrote: »

Hi all. I am hoping someone can help me with a query regarding a recent HB claim.

Due to a family breakdown last year my younger brother and my mother have been homeless and due to their ages they do not qualify for any kind of priority housing and so have been living with relatives while trying to get a council flat.

Unfortunately this has dragged on too long so to try and help my brother find some stability I have signed a joint tenancy for a private flat. I work but my income is not great. As my brother receives JSA IB he has applied for and been awarded Housing benefit.

My question is regarding my mother, to help our other relatives there will be times my mother stays with us. As she does not work or receive benefit we will be looking after her.

What I am trying to find out is should my mother be classed as a lodger and included in the HB claim considering she is unable to work and does not receive benefit? (my mother has been mentally unwell)

I have tried to google this with no luck and cant contact the council until next week.

Any advice would be greatly appreciated.

You state you have signed a joint tenancy with your brother, this means he is entitled to 50% assistance towards the rent.

You then ask if your mum should be included in your H/B claim, is this for your half of the rent with your brother or are you claiming for a second home.

As your mum doesn't claim benefits i take it she has a pension????
If not why is she not claiming what she may be entitled to.

If your mum lives with you, she may be classed as a non dependant.

Very confusing though.....

vbnm247

Sorry for not being clear or causing confusion.

I work full time and my brother is receiving JSA IB.

My mother was receiving Incapacity due to a nervous breakdown but that stopped in September and she could not face going to a tribunal in order to appeal. My mother is in her 50's and not receiving a pension. So far relatives have been helping her (sister and brothers).

Its been a pretty rough year for my younger brother and to try and help him I have offered to share a flat with him, thus relieving some pressure from other relatives. This will mean we will also be able to help to look after my mam by letting her stay with us.

My concern is the HB and CT states we must inform them of any changes, for example if we take lodgers or subtenants. As my mam has no income and will not be with us permanently I am unsure how she would be treated by the Council.

Maybe its one of those situations where I have to talk to them, I just don't want to be seen as doing something wrong.

allen35

If your mum is still struggling with her health she should apply for ESA
http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/esa/index.htm
and depending on how her illness affects her she may want to consider DLA
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10018702

Have a read through both links to check criteria.

With regards to the flat does your brother receive the full 50% of the rent?

Your mum maybe classed as a non dependant where deductions to his H/B (LHA) may be affected but depending on the rent he will be entitled to a higher bedroom rate of LHA at your local council's rates.

vbnm247

allen35 wrote: »

If your mum is still struggling with her health she should apply for ESA

and depending on how her illness affects her she may want to consider DLA


Have a read through both links to check criteria.

With regards to the flat does your brother receive the full 50% of the rent?

Your mum maybe classed as a non dependant where deductions to his H/B (LHA) may be affected but depending on the rent he will be entitled to a higher bedroom rate of LHA at your local council's rates.

Thanks for the links. I will have a read through them. Basically my mam had a nervous breakdown and left her ex partner who had a history of being abusive. My brother was 17.

My mam had a meeting last year with DWP and they deemed her well enough to work despite having a doctors note and seeing a councilor, hence the tribunal. This really scared my mother and she didn't feel able to go through with it.

The whole situation is a bit of mess so I am hoping helping my brother will allow other things to fall into place.

My brother has been awarded the 50% HB but I am now unsure whether we should be declaring my mother as a 3rd adult in the house when she stays.

allen35

It's best to be honest and upfront, with you saying 'when your mother stays', does this mean she has an address where she receives mail, what address is she at her GP's, is she declared on someone else's council tax bill.

If not, then best to declare her as a non dependant/lodger and due to her income minimum deductions will be made of around £11 per week from your brothers HB/CTB.

vbnm247

allen35 wrote: »

It's best to be honest and upfront, with you saying 'when your mother stays', does this mean she has an address where she receives mail, what address is she at her GP's, is she declared on someone else's council tax bill.

If not, then best to declare her as a non dependant/lodger and due to her income minimum deductions will be made of around £11 per week from your brothers HB/CTB.

She has a correspondence address for the little mail she gets. She has been staying with relatives who work full time so her being with them doesn't seem to have effected their CT. Not sure which address she has used with her GP.

I am going to go down with my brother on Tuesday and just say she is with us full time. Its not worth risking.

Thanks for the links and the advice, very much appreciated.