Housing Benefit -Asked personal questions about shared tenants

PapaOscar1

Thanks for the information, enabledebra, there is plenty there so I hope that someone will be able to help.

I have spoken to the CAB now and they have also said that I should write to the housing benefit department and tell them that I cannot be expected to provide them with the other tenants' personal information. I know their names, but am reluctant to give any information about them; even that is an invasion of their privacy and I would not want them to know I had given out information about them. They could get the names from the electoral register, so I am considering telling them to do that. Taken literally, the letter states I have to do this, but, as pointed out by epitome, I could appeal against the decision if they should refuse to pay.

They have asked for proof about the conditions set when my mother sold her share in the house. It is not clear whether they have the right to ask about my mother's status here or what sort of proof they would require. She has written a letter to give to them, explaining why the council tax is still in her name and that when she sold her share in the house the agreement was that she would always have the right to continue living here and not pay rent. I am worried that because she agreed to be paid her share over a long period of time that this would be deducted from her pension credit, meaning she is no better off for selling it. I just hope that what she was told is correct.

Edit: I have been reading about pension credit and they ask about numerous types of income, but none of them seem to be related to the sale of a house. They do not need to know about a house that you live in, but need to know if you own a house that you do not live in, income from work or other benefits, royalties, etc, none of which seem applicable.

shop-to-drop

Threads like this and I have seen many just go to show what a terrible idea the right to buy scheme was. If Mum had been paid in full for her 25% rather than £2K a year would she have still been able to claim means tested benefits?

BigAunty

Local councils do want to check out the status of fellow occupiers to ensure that housing benefit regulations are met and that there is no abuse of the system, such as people concealing close personal or blood relationships if they think it will affect their claim. So, yes, you can avoid providing information and hope it doesn't affect your claim, or if it does, this is grounds for a successful appeal.

Also, it's a shame your mum's messy house sale/benefit claim impacts you but either you or your mum have to sort this out at some stage. If it wasn't your HB claim that highlighted the fact that she may be receiving incorrect benefits, it would be another matter that exposed it to scrutiny. Sticking your head in the sand is not the solution.

PapaOscar1

shop-to-drop: My mother's share in the house was worth £40,000, which would have been counted under the regulations as capital in excess of £10,000. In reality she is being paid this (without profit or interest) over 20 years and her capital has never exceeded a fraction of the £10,000. She may not even live long enough to receive all the payments. The capital value of the house in which you live is not deducted as capital (if you do not sell it), her capital has never exceeded the limit and, as a sale, it does not seem to meet the criteria for being classed as earnings, either. I have been reading for hours and cannot find a clear definition of how it should be classed. Perhaps she was correctly informed when she declared it, after all.

BigAunty: Indeed, I had never even met any them before they moved in. I could understand if I was just asked about my relationship to them. In fact, even if I were to give out their details it would not prove that I am no relation to them. One of them is a noisy troublemaker and most unwelcome, too. I suspect I should fight for my rights on several fronts.

Thanks for your contributions.

princessdon

So she didn't take the cash for the house share as it would affect benefits?

PapaOscar1

I fail to see where you draw your interpretation from. She was never offered the full amount. In fact she did not want to sell her share at all, but, as previously stated, was harassed for 4 years until she gave in. If she were a scrounger like that, I am sure she would be a lot better off, would not have a troublemaker living under the same roof and would not be taking numerous pills every day to cope with her distress. Look at like this: would you let somebody buy your house, give you a 25% share, rent out all the rooms and pay you a small fraction of the proceeds to buy that share from you over 20 years? I have tried not to stray from my original question, but there are numerous other circumstances about her side of the situation that are extremely unfair to her and she has lost a lot more than she has gained. She has been advised to get a solicitor, but cannot afford it and is probably not in a fit state to deal with such matters after all she has been through.

paddedjohn

Does she now pay rent and does she claim lha

PapaOscar1

No, she does not pay rent so she does not claim lha or any benefits other than her pension credit. I should probably point out that she would have been entitled to housing benefit/lha if she paid rent, so she is no better off for living rent-free.

PapaOscar1

Update: I have spoken to another adviser who also says I do not have to provide any information about shared tenants. I am writing to tell them that I cannot provide the information and have been advised I do not have to. I expect they will say I am not entitled to housing benefit and I will have to appeal against the decision, causing further delays. Meanwhile my stress levels are through the roof and there is a lot of noise coming from the tenants I have to share with. I have not done anything wrong, but I am sure that if I did I would be better off in prison.

epitome

Who was the advisor, i.e. on what telephone line/dept?