Complicated Housing Benefit query

Caz3121

pmlindyloo wrote: »

Therefore I would say that the boyfriend's main residence is at his mum's house and should not affect her HB and CTB.

Would the non-dependant reduction not apply to his mum's housing benefit - which would be £11.45 per week based on over 18 earning less than £124 per week

pmlindyloo

Caz3121 wrote: »

Would the non-dependant reduction not apply to his mum's housing benefit - which would be £11.45 per week based on over 18 earning less than £124 per week

I was presuming (maybe incorrectly) that this deduction was already being made although I am not sure if there is a disregard for apprenticeship schemes as there is for those on JSA etc.

Mojisola

pmlindyloo wrote: »

Think this might help:

If a person if forced away from the property that would ordinarily be called 'home' due to employment, but still occasionally return to that property, then it is still classed as your main residence. In Doncaster Metropolitan Borough Council v Stark [3], Mr Stark, an RAF serviceman, only returned to his matrimonial home when on leave. Mrs Stark attempted to obtain a 25% single person's discount but was, successfully, refused due to the property being considered Mr Stark's main residence also. This was decided because the property was where Mr Stark would live if not for the demands of his work.

Therefore I would say that the boyfriend's main residence is at his mum's house and should not affect her HB and CTB.

So OP he would be 'boarding at your house' and you need to ask the relevant department if this affects your HB and CTB.

If he's only giving a contribution towards food, he's not a boarder or a lodger, is he? They would be paying towards the household expenses.

pmlindyloo

pmlindyloo wrote: »

I was presuming (maybe incorrectly) that this deduction was already being made although I am not sure if there is a disregard for apprenticeship schemes as there is for those on JSA etc.

It appears that for HB purposes he would be treated (in his mother's home) as a non dependant and the fact that he is on an apprentice scheme would mean his income is not 'disregarded'.

However, for Council Tax purposes his income seems to be disregarded.

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/rr2-a-guide-to-housing-benefit/what-you-can-claim-for/non-dependants/


As regards the 'boarding' part I am not sure about this. Perhaps his staying at the OP's place would be seen as his being a 'guest/visitor'.

BigAunty

pmlindyloo wrote: »

Think this might help:

If a person if forced away from the property that would ordinarily be called 'home' due to employment, but still occasionally return to that property, then it is still classed as your main residence. In Doncaster Metropolitan Borough Council v Stark [3], Mr Stark, an RAF serviceman, only returned to his matrimonial home when on leave. Mrs Stark attempted to obtain a 25% single person's discount but was, successfully, refused due to the property being considered Mr Stark's main residence also. This was decided because the property was where Mr Stark would live if not for the demands of his work.

Therefore I would say that the boyfriend's main residence is at his mum's house and should not affect her HB and CTB.

So OP he would be 'boarding at your house' and you need to ask the relevant department if this affects your HB and CTB.

I know that these case law challenges are complex but the young man isn't occasionally returning to his mothers, he's there around 40% of the time every week.

Hopefully though, the council departments for the two properties will sort it out correctly, particularly as the MSE posters haven't reached a consensus on how his shuttling between properties will affect their HB/CT claims.