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housing benefit advice needed

Hi there

I'm a private tenant. My present flatmate is moving out soon and my mother would like to move in with me.

My flatmate and I have, of course, been paying half the rent each and my mother and I plan to do the same thing, with the tenancy agreement being along the same lines (a joint tenancy, with both our names being on the agreement)

I'm in full time work but my mother is on incapacity benefit and mobility allowance. She currently gets some housing benefit from where she lives at the moment. Is it possible for her to claim housing benefit for her half of the rent once she has moved in with me.

I've read some stuff on 'non-dependents' so am concerned that we might fall into this trap on the basis that we are related.

Thanks for your advice
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Comments

  • melysion
    melysion Posts: 801 Forumite
    Any advice would be much appreciated!!!
  • hi, i get Income Support, DLA, HousingBenefit and Council Tax Benefit, and my 21 yr old daughter has just moved back in with us from uni

    because i am on one of the care components, there are no deductions made from my housing benefit if she starts work, but if your mum only gets DLA mobility, i'm not sure if that would be the same

    you're probably best off asking your mum to ring the council who pay her housing benefit and asking them, or you can ring the Benefits Enquiry Line that gives advice for people on disability....they might know. their number is 0800 882 200
  • pmlindyloo
    pmlindyloo Posts: 13,061 Forumite
    First Anniversary Name Dropper 10 Posts
    edited 18 August 2011 at 5:12PM
    OK I will try and help. If I'm wrong someone will doubtless be along to correct me!

    Two parts to this.

    Firstly, have you run this past your landlord? If you are going to create a new joint tenancy I suspect your landlord will run a credit check on your mother.

    Secondly, (and this is where I am a little uncertain) I believe that if your mother becomes a joint tenant she is then liable for the rent so she would be entitled to apply for Housing Benefit. However, I believe that she would only get the shared room rate if she had her own bedroom but shared all other rooms. The shared room rate can be found on your local council's website under 'housing allowance'.

    I would certainly check with your landlord first. If he agrees then you do realise that both of you would be responsible for the rent? ie. if one fails to pay then the other is liable for the toal rent.

    You could also give your housing department a call and see what they say.

    PS Sorry, should have added that the amount of HB that she would be entitled to would be based on her income and savings.
  • melysion
    melysion Posts: 801 Forumite
    edited 18 August 2011 at 5:26PM
    Yep, already ran it past the landlady. She seems happy to let Mum move in and have a proper joint tenancy set up (I know all about the legalities of joint tenancies ;) ). Credit check could be tricky as Mum has been in trouble that way in the past - but I've been a tenant for three years so hopefully the landlady wont ask (she didnt ask for a credit check from me actually, although I did get one done anyway)

    In theory we could manage without the housing benefit if we pooled our resources - her benefit would just about cover her portion of the rent (I live in London) and I'll pay my portion of course and also the utilities/council tax/food etc. But, it would ease our financial situation considerably to get some help. I certainly dont expect the whole of her portion to be paid by the housing benefit of course.

    I really want to help her out as she is an elderly lady with some health problems who is currently living 300 miles away in a council house on her own and I am constantly worried about her.

    I dont know. Its all a bit scary at the moment and I still need to discuss the whole housing benefit thing with the landlady. If she says no, then Mum cant claim anyway. I'm just putting out feelers at the moment to see what is and what isnt possible.

    Maybe I should send her an email and put all my cards on the table and see what she says (the landlady I mean).
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    How secure is your tenancy? It sounds really terrifying that an older disabled woman should give up a secure council tenancy to become a joint tenant in a flat share!
  • Emmzi
    Emmzi Posts: 8,658 Forumite
    First Post Combo Breaker
    I think you would be living as a family so the HB claim would be assessed as such, not on an individual basis - same as adult child living in parent's house. So on joint income - if you are on a decent wage, no HB. So I'd have another think.
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • Sam____2
    Sam____2 Posts: 711 Forumite
    Emmzi wrote: »
    I think you would be living as a family so the HB claim would be assessed as such, not on an individual basis - same as adult child living in parent's house. So on joint income - if you are on a decent wage, no HB. So I'd have another think.

    I think it's different to a non dependant child living in a parents house as it will be a joint tenancy.
  • melysion
    melysion Posts: 801 Forumite
    How secure is your tenancy? It sounds really terrifying that an older disabled woman should give up a secure council tenancy to become a joint tenant in a flat share!

    That has occured to me. The tenancy I have is just the usual one year thing that you get with private rents. Its likely to be a fairly long term arrangement to be fair, but I imagine I'll have to find somewhere else eventually, private rents being what they are.

    Thing is - I live in London and she lives in the North East. She is on her own. Jobs being as they are, there isnt a realistic possibility of me finding a job 'up North' anytime soon (I know, I've looked). I know she is pretty lonely up there on her own and she is rather excited by the possibility of moving in with me - but you are right, it is a bit scary from a security and a financial point of view.

    Anyway, I've got time to think about it yet - I'm just investigating things at the moment.
  • Could she not get a council house exchange to be nearer to you?
  • melysion
    melysion Posts: 801 Forumite
    Emmzi wrote: »
    I think you would be living as a family so the HB claim would be assessed as such, not on an individual basis - same as adult child living in parent's house. So on joint income - if you are on a decent wage, no HB. So I'd have another think.

    But we would be joint tenants so not entirely sure that would be the case.
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