Renting from family and housing benefit

bobajob_1966

HappyMJ wrote: »

Exactly that's why I'm saying charge the LHA rate to family as it IS the market rent. There will be no shortfall and no excess to pay. And as you say it is the tenant that has to raise a dispute not the council. The tenant isn't going to complain the rent is too low and if it's too high they'll rent elsewhere. As LHA is now at the 30% of properties are affordable point it's very hard for enterprising familes to profit out of LHA.

The LHA rate is rarely at market rent levels - it was not when it was the 50th percentile and it certainly is not now it is the 30th. Whilst the LHA rate may be equivalent to a valid market rent in some parts of the BRMA, it will be nowhere near that of other parts. Furthermore, the LHA rate for a one bed property will not be a valid market rent for a much larger property. So if a single person is living in a four bed property but only being charged the equivalent of the one bed LHA rate, this will indicate a contrived tenancy.

HappyMJ

bobajob_1966 wrote: »

The LHA rate is rarely at market rent levels - it was not when it was the 50th percentile and it certainly is not now it is the 30th. Whilst the LHA rate may be equivalent to a valid market rent in some parts of the BRMA, it will be nowhere near that of other parts. Furthermore, the LHA rate for a one bed property will not be a valid market rent for a much larger property. So if a single person is living in a four bed property but only being charged the equivalent of the one bed LHA rate, this will indicate a contrived tenancy.

The council do not have any more information that the LHA rate. They don't know that the rent in street A should be 50% higher than exactly the same house 1 mile away in street B. They take an average of the entire area. Would someone really rent out a 4 bed house at the 1 bed LHA rate? That's a lot of profit gone. I was thinking something closer like a 2 or small 3 bed house at the 1 bed LHA rate. Much harder to prove it's contrived. Just to add I live in a 3 bedroomed house at the 2 bed LHA rate and get the 1 bed rate of LHA. Nothing has ever been mentioned that the rent is a bit low. Anyway if someone is setting out to contrive a tenancy they will charge near market rent anyway and then send the excess cash back to the tenant.

neverdespairgirl

deary65 wrote: »

Thanks for giving me opportunity to asking you where in law does it say you must fill out an application form. I only no of a law where people are entitled to assistants with their rent.(for people reading this thread I hope you can answer this question)



Your application form is asking people to beg for their legal rights and that to British people is offensive and I intend to put an end to it.

I can help! There is indeed such a law. It can be found in the (dense) stautory instrument known as The Housing Benefit Regulations 2006 SI 2006/213 (as amended).

Section 83 of that SI sets out that a claim must be made in writing on the application form approved by the relevant authority. See below for chapter and verse:


Time and manner in which claims are to be made

83.—(1) Every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.

(2) The forms approved for the purpose of claiming shall be provided free of charge by the relevant authority or such persons as they may authorise or appoint for the purpose.

(3) Each relevant authority shall notify the Secretary of State of the address to which claims delivered or sent to the appropriate DWP office are to be forwarded.

(4) A claim—

(a)may be sent or delivered to the appropriate DWP office where the claimant or his partner is also claiming income support, incapacity benefit, state pension credit or a jobseeker’s allowance;

(b)where it has not been sent or delivered to the appropriate DWP office, shall be sent or delivered to the designated office;

(c)sent or delivered to the appropriate DWP office, other than one sent on the same form as a claim being made to income support, incapacity benefit or a jobseeker’s allowance and as approved by the Secretary of State for the purpose of the benefits being claimed, shall be forwarded to the relevant authority within two working days of the date of the receipt of the claim at the appropriate DWP office, or as soon as practicable thereafter;

(d)may, in the case of a claimant who has attained the age of 16 but not the age of 60 and is not engaged in remunerative work, be sent or delivered to a gateway office;

(e)may be sent or delivered where the claimant has attained the age of 16 but not the age of 60 to an office or designated authority displaying the ONE logo;

(f)where the claimant has attained the qualifying age for state pension credit, may be sent or delivered to an authorised office.

(5) Subject to paragraph (10), and to regulation 84 (date of claim where claim sent or delivered to a gateway office) the date on which a claim is made shall be—

(a)in a case where an award of income support or an income-based jobseeker’s allowance has been made to the claimant or his partner and the claim for housing benefit is made within one month of the date on which the claim for that income support or jobseeker’s allowance was received at the appropriate DWP office, the first day of entitlement to income support or an income-based jobseeker’s allowance arising from that claim; and for the purposes of this sub-paragraph a person who has an award entitling him to an income-based jobseeker’s allowance shall be treated as also entitled to an income-based jobseeker’s allowance for any days which immediately precede the first day in that award and on which in accordance with paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days) he would not be entitled to that allowance;

(b)in a case where the claimant or his partner is a person on income support or an income-based jobseeker’s allowance and he becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, where the claim is received at the designated office or appropriate DWP office within one month of the claimant first becoming liable for such payments, the date he became liable for those payments;

(c)in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;

(d)except where sub-paragraph (a), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which the claim form was issued following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of his intention of making a claim, the date of first notification; and

(e)in any other case, the date on which the claim is received at the designated office, authorised office or appropriate DWP office.

(6) Where a claim received at the designated office has not been made in the manner prescribed in paragraph (1), that claim is for the purposes of these Regulations defective.

(7) Where a claim is defective because—

(a)it was made on the form approved for the purpose but that form is not accepted by the relevant authority as being properly completed; or

(b)it was made in writing but not on the form approved for the purpose and the relevant authority does not accept the claim as being in a written form which is sufficient in the circumstances of the case having regard to the sufficiency of the written information and evidence,

the relevant authority may, in a case to which sub-paragraph (a) applies, request the claimant to complete the defective claim or, in the case to which sub-paragraph (b) applies, supply the claimant with the approved form or request further information or evidence.

(8) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if—

(a)where paragraph (7)(a) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or

(b)where paragraph (7)(b) applies—

(i)the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,

(ii)the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,

or within such longer period as the relevant authority may consider reasonable.

(9) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the claim.

(10) Where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

(11) In the case of a person who has attained, or whose partner has attained, the age of 59 years and 35 weeks, paragraph (10) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.

(12) Where the claimant makes a claim in respect of a past period (a “claim for backdating”) and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on—

(a)the first day from which he had continuous good cause; or

(b)the day 52 weeks before the date of the claim for backdating,

whichever fell later.

(13) In this regulation “authorised office” means an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for decision by the relevant authority.

neverdespairgirl

deary65 wrote: »

In law, a tenant need only prove liability to pay rent in order to qualify for housing benefit. I should check this with your legal department. I think you will find that I'm right.

As to the application form I have already informed the benefit agency, that this instrument has no legal validity, in other words it can not be submitted by way of evidence in a court. If this instrument informed the claimant that they were under no legal obligation to complete the application in this form asked for, and they so completed then that could be submitted as evidence against them,as it is, it is a valueless document and offensive.

I imagine the benefit agency had a good chuckle at your expense, and referred themselves to The Housing Benefit Regulations 2006 SI 2006/213 (as amended) which says that an application must be made on a form or in a manner approved by the local authority, and put your letter in the "crank" pile.

neverdespairgirl

deary65 wrote: »

Every post i read tells me that people do not understand the law.

I completely agree with you!

neverdespairgirl

Anthillmob wrote: »

aldo dreaey as an aside i note from your profile that your interests include reading legal stuff. have you studied law then? do you work in law?

My best guess is that the answer to both questions is, "no". Two of the hallmarks of a saloon-bar lawyer show up in his posts - specifically, the reference to "British Subjects" and "Unconstitutional". Both of these are a good guide to a nutter.

cosmic-dust

neverdespairgirl why are you replying to posts that are 4 years old?

neverdespairgirl

Because someone else did first - and I didn't notice the date. Sorry

[Deleted User]

i just need a straight answer please (not the start of another debate).
me and my partner will be renting a house of my step-father, will we be entitled to full housing benefit.
any advice would be appreciated.
thank you

BigAunty

jwright702 wrote: »

i just need a straight answer please (not the start of another debate).
me and my partner will be renting a house of my step-father, will we be entitled to full housing benefit.
any advice would be appreciated.
thank you

Yes, if you don't live in the same property as the landlord to whom you are closely related AND if the council do not think it is a 'contrived tenancy', set up to exploit the housing benefit system. Google the term to identify what this means and what the council will be looking for.

Full HB? If you are a couple without dependents , you will be entitled to the 1 bedroom rate of LHA for your area (with reductions if there is employment income, capital over 6k and all the other usual factors).