Would this be benefit fraud?

bonehead903028402

I am 6 months pregnant, my partner and I both lost our jobs around the same time a month ago and are living in private rented accommodation.

Our rent is 400 p/m and council tax is 160p/m

We have started claiming JSA and get 111p/w

We have also claimed Local Housing allowance but the claim has not yet been processed.

We both have debts and still everything to buy for the new baby.

We have really been struggling since losing our jobs and even though we should get local housing allowance will still need to pay about 100 pound from our JSA a month to make up the extra in the rent because we are in a two bedroomed and are only entitled to LHA at 1 bedroom rate.

My partner is due to start a new full time job either this week or next once this happens we won't be entitled to any benefits leaving us with full rent and council tax to pay on top of other bills.

I will hopefully be entitled to Maternity Allowance at the end of October due to having worked through most of my pregnancy and beforehand for 2 years non stop. I should hopefully receive the full amount of 135 p/w.

We have been on the waiting list for a council house for a long time and this week were finally offered one. The thing is our lease for the private rent we are in doesnt run out until the 30th of November and our landlord will not let us leave beforehand.

We really want to take the council house as it will be alot cheaper for us in the long run, but if we want it we have to sign the lease on Tuesday and pay rent of 70 p/w from then onwards.

We would need to buy carpets, paint etc and white goods for the kitchen for moving in also as the house is unfurnished and uncarpeted.

So basically we either turn down the house and hope we get offered another after november (unlikely took long enough to get this one)

Or try and find a way to pay the rend and CT on both houses until November.

Would it be legal, or classed as benefit fraud if I was to move into the council house alone until November and claim benefits and help with rent until I get my maternity allowance in october as I would be living alone, then for my partner to keep on the private rent we are in just now on his own until the lease is up then join me in the council house?

PippaGirl_2

How old is your partner? He may only be entitled to a single room rate in a shared house in housing benefit depending on his age. I do agree that losing the council house would be a shame. If it were me I would move both of you into the council house, hand back the keys to the landlord and make arrangements to pay what you owe up until the time he can relet it or the end of the lease, whichever is sooner.

Don't worry about carpets and paint, they can wait. You will need a fridge but they can be bought second hand cheaply through charities or even found free on freecycle.

PasturesNew

Best thing to do is wrong/dishonest, but it is: Sign for the council place.... tell your LL that you have signed for it and are moving out, that you can't afford the rent.... and you know you'll owe him rent, but there's no money in him chasing you - you then suggest that his best course of action is to accept that you're being honest/open and will not be paying the rent as you have no money - and that he should re-let your place asap and let you know how much you owe him, then you'll pay him as soon as you're able.... and give him a plan of when that might be.

PippaGirl_2

Yep, totally agree with pasturesnew, tis what I said too.

bonehead903028402

Hi my partner will be working so will not be claiming benefits for the private rented place.

I would only be claiming from now until october 27th if I was in the council house.

The landlord is someone we know distantly and who talks to alot of people we know so would not like to just stop paying them rent as we live in a small town and the type of person I am I would rather be stuck in this house paying the rent than for people to know that we owed someone money.

benefitbaby

In the circumstances you describe you can get HB on 2 homes but only for a period of four weeks. The LA would not be able to continue paying beyond this period.

Have you considered making an application for a Community Care Grant? This is payable from DWP and is not a loan, however you would need to show that payment of a CCG would 'ease exceptional pressure on your family' (the baby in your belly has to be taken into account!). A CCG can be claimed for carpets, furniture etc.

You should also ask the LA if they can provide you with a decorating pack.

Lastly if the CCG is a no-go then you could contact a local CAB to see about charitable support for help with the items you need.

mum2one

i ditto grab the council house with both hands, there like gold dust and if you turn it down you may left waiting for one.

If your on beneifts when you move in you can ask for a form for the job centre, for a referral form and you can go to a local furniture centre, where you buy donated items at a reasonable price, also look at charity shops.

Remember the old saying, Rome wasn't built in a day, - carpets can come at different times, a tin of paint here and there. xx

benefitbaby

bonehead903028402 wrote: »

The landlord is someone we know distantly and who talks to alot of people we know so would not like to just stop paying them rent as we live in a small town and the type of person I am I would rather be stuck in this house paying the rent than for people to know that we owed someone money.

Two thoughts...

Did you pay a deposit to the landlord that he can retain and use to cover some of the outstanding rent?

It would be better to come to an agreement with the landlord to repay the outstanding rent over a longer period (he should be happy to get his money).

bonehead903028402

thanks for the reply,

but as partner is due to start work next week we wont actually be entitled to housing benefit anymore.

I will no longer get JSA so will have no income until my Maternity Allowance at the end of October.

My partner could afford the upkeep of the private rented house on his own.

If I were to get benefits (which I would now be entitled to as I was living alone) I could afford to live in the council house alone.

I'm just not sure if it would be legal as we would only be living seperatley for a couple months with the intention of him moving back in with me at the end of the lease.

bonehead903028402

Hi benefitbaby,

We didn't pay a deposit as we knew the landlord so were not asked to pay a deposit.

Our housing benefit claim was put in at the end of august so by the time its through will cover a months rent.

We are up to date with the rent and it is next due on the 30th of this month.

After this we only have 1 more months rent to pay

benefitbaby

That is not easy to answer... if you separate as a couple then yes, what you propose is legal (although morally is another question).
However I do not understand why you could not come to an agreement with the landlord to reapy the remainder of your tenancy (in this way he wins twice, you pay and new tenants pay).

How old are you and partner? Could you claim WTC?