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Poss HTB/CT fraud...?!
harveybobbles
Posts: 8,973 Forumite
Was chatting to someone the other day (who gets ESA and DLA) they said that they have signed their council house over to her 25 yr old son and his gf as she has now moved back in with her husband after a few years appart.
She said she is still claiming CTB at this house ("to help out her son") but the rent is being paid by the son and the son's gf as they both work full time.
I found it hard to believe that you could claim CTB but not HB.
I also found it hard to believe that the council will just let you sign your house over to your son. I would have thought the council will want the house back and tell the son to apply for a flat?
She said she is still claiming CTB at this house ("to help out her son") but the rent is being paid by the son and the son's gf as they both work full time.
I found it hard to believe that you could claim CTB but not HB.
I also found it hard to believe that the council will just let you sign your house over to your son. I would have thought the council will want the house back and tell the son to apply for a flat?
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Comments
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if she had signed the house over to her son (and the council had let her!) the council tax liability would be her sons and not hers, so she wouldnt be in a position to claim council tax benefit anyway!0
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Even if she hadn't/hasn't signed it over then the son & girlfriend would be liable for the council tax as the resident occupiers. The mother cannot claim CTB if she is not resident. if she was resident and no longer the tenant then she also could not claim CTB.if she had signed the house over to her son (and the council had let her!) the council tax liability would be her sons and not hers, so she wouldnt be in a position to claim council tax benefit anyway!I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
but if she hadnt signed it over, they wouldnt allow her to keep the tenancy if she wasnt residing in the property.... so it looks like she maybe hasnt told the council she no longer lives there?
that way she would still be the liable person. wouldnt explain why no HB is being paid though..... or maybe it is and she is trying to make it sound more reasonable by not letting on that they arent paying rent either?0 -
I'm guessing the house is still soley in her name to be honest and she is letting her son and hios gf live there rent free...0
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you can claim ctb and not hb if you want to they dont have to be together, when u fill the forms in it comes in 2 sections one for ctb and one for hb0
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