Housing benefit help...

jimhow

Hi, Can someone help answer a housing benefit question? Me and my gf are having to relocate after having some problems with an ex partner. We're looking at a 2 bed house and I don't know how much we're entitled to as a couple. She has kids that will be staying over at weekends in the spare room. I can only find the rates for a single person on the government website. We're both gonna be claiming jobseekers until we get settled.

HappyMJ

Look up the LHA rates for the area you are looking to move to. A couple can get a 1 bedroom flat. If you want to get a 2 bedroom flat you will need to make up the difference between the LHA rate and the rent if there is one. The child has a room elsewhere so doesn't count.

jimhow

ok, thanks. So how does it work, does one person make the claim and they recieve the LHA rate?

Heycock

Yes. One of you claims and lists the other as part of a cohabiting couple. You then get the one room rate. (Even if you can't share a bedroom for medical reasons!).
Sadly no provision is made for the children UNLESS your partner's weekend arrangements are from an access agreement/order made in court. You can then ask for the two room rate.
My daughter's boyfriend has this problem but even worse. Because he is under 35 he only gets a shared accommodation rate. And because he and his ex decided to be civilised and not involve lawyers or the courts he gets nothing extra for the room he provides for his 2 sons every weekend.

Morlock

Heycock wrote: »

Sadly no provision is made for the children UNLESS your partner's weekend arrangements are from an access agreement/order made in court. You can then ask for the two room rate.

It makes no difference. When parents separate, there can only be one official parent for benefits purposes. Even in a 50/50 shared parenting arrangement with a court order, only one claimant receives the advantages of having a dependant child when claiming housing benefits.

Your daughter's boyfriend would be in exactly the same position with a contact order in place.

ILoveEoin

the parent who gets child benefit is entitled to the bedroom so i am afraid u only get one bedroom rate for ur area.

Heycock

Morlock...Perhaps daughter's partner misheard people at housing benefit but they certainly gave him the impression that he could submit a fresh claim if he had an order. Doesn't surprise me if they misinformed him. No two answers from any department dealing with benefit/tax queries are ever the same. Designed to confuse us and keep us in our place. I'll advise him to check again before he wastes his money getting legal advice.

Heycock

And whatever happened to "The Right To A Family Life"? Or does that just apply to people who.........I'd better stop there!

jimhow

Heycock wrote: »

Yes. One of you claims and lists the other as part of a cohabiting couple. You then get the one room rate. (Even if you can't share a bedroom for medical reasons!).
Sadly no provision is made for the children UNLESS your partner's weekend arrangements are from an access agreement/order made in court. You can then ask for the two room rate.
My daughter's boyfriend has this problem but even worse. Because he is under 35 he only gets a shared accommodation rate. And because he and his ex decided to be civilised and not involve lawyers or the courts he gets nothing extra for the room he provides for his 2 sons every weekend.

Am I right in saying the shared accommodation rate only applies to single tenants under 35?

McKneff

Heycock wrote: »

And whatever happened to "The Right To A Family Life"? Or does that just apply to people who.........I'd better stop there!

I find it helps if you sit upright, on your hands...............
rock back and forwards, count to 10.

dseventy

Heycock wrote: »

And whatever happened to "The Right To A Family Life"? Or does that just apply to people who.........I'd better stop there!

You do have a right to a family life. You just have to pay it for yourself. If you can't pay for it yourself and need other people to do it for you, you have to play by those rules.

D70