Child under 20

palmtree89

Hi,

I live with my younger brother who is 17 and in full time college education (level 2). I work 30 hours per week and earn around £1k per month after tax. Does my younger brother class as a child living with me? Or does it have to be your own child, not a sibling?

Thanks.

Housing_Benefit_Officer

If you receive child benefit for him for benefit purposes he is a child in your household irrespective if he is your sibling.

If you don't receive child benefit for him then he is a non dependant in your household.

palmtree89

Thanks for the fast response. I don't quite follow, sorry. I don't claim/receive any benefits for him at the moment, although if I enter my details and his details into the benefits calculator it says I am eligible.

Ettenna

Who gets the child benefit for him?

palmtree89

I think my mum used to when he lived with her.

Housing_Benefit_Officer

palmtree89 wrote: »

I think my mum used to when he lived with her.

You would need to speak with your Mum to see if she is still getting Child Benefit for your brother and insist as you are now his main carer you should be the one claiming Child Benefit for him. This money is meant to provide support for your brother not lining your Mums pockets when she no longer has a dependant child to look after.

Speak to the Child Benefit Department on 0300 200 3100 and explain your situation.

Once you get Child Benefit you can also claim Tax Credits.

If your Mum insists on keeping the Child Benefit then that will deprive you of claiming Child Tax Credits and as the dependent child is under your roof then you should be the one claiming Child Benefit and Child Tax Credits.

If you have a dependant child this would mean your living expenses would increase and you might qualify for some assistance towards your rent and council tax.

palmtree89

Thanks for the reply, I'll speak to her.

I think my situation may complicate things further. My dad used to live with me and my brother, but he lives with his gf now. He pays the rent to the landlord (he set it up when he lived here) but now I pay him the rent. He's paying council tax for us, but I pay all the gas/electric/internet, food, etc. for me and my brother. Will this have any implications?

Thanks.

Caz3121

palmtree89 wrote: »

Thanks for the reply, I'll speak to her.

I think my situation may complicate things further. My dad used to live with me and my brother, but he lives with his gf now. He pays the rent to the landlord (he set it up when he lived here) but now I pay him the rent. He's paying council tax for us, but I pay all the gas/electric/internet, food, etc. for me and my brother. Will this have any implications?

Thanks.

I am guessing your name is not on the tenancy agreement and your fathers is. This will likely be looked at as if you have no liability to pay rent so you will be unlikely be able to claim housing benefit.

palmtree89

Caz3121 wrote: »

I am guessing your name is not on the tenancy agreement and your fathers is. This will likely be looked at as if you have no liability to pay rent so you will be unlikely be able to claim housing benefit.

Fair enough. I'm guessing working tax credits/child credits should be ok though? Considering I still pay all the bills, do pay out for rent even though I'm not on the agreement, and pay for my brothers expenses?

RAS

Hi

There is a web-site called www.turn2us.org.uk and another called www.entitledto.co.uk

You need to talk to your dad urgently. One of you needs to claim Child Benefit for your brother and any related benefits (you can work out how this would pan out by running both scenarios through the web-sites). If your brother is actually living with you and you are feeding and housing him, then the nmoney needs to go to you, who claims.

Housing is going to be a nightmare. Apart from the non-standard sub-letting arrangment, what is the Local Housing allowance for your area, for a 2 bedroom property? I am assuming you would count as an adult with a dependent child?

Legally if your brother is living with you as a dependent, you can claim 15% of each of your parents incomes via the CSA as well as any benefits. If dad is working, I would suggest he contributes half the rent to cover your brother portion is you cannot claim LHA.

harrys_dad

Who is your landlord? Do they know about the subletting? Have they given permission? If the answer to either of the last two questions is no you may wish to consider getting the tenancy transferred into your name or moving somewhere else. There are all sorts of other difficulties about the unusual letting arrangement. For example, the money you pay your dad might need to be declared by him as income. I suggest you regularise the housing situation asap.