Hypothetical argument with hubby

Tehya

Hi all,

I'm having a silly argument with the other half over a made up situation.

We were chatting about about a neighbour who had a person with no income living with him (not a partner) the neighbour worked so was doing nothing illegal but if he had been claiming benefits would he have had to tell the DWP this person with no income was living with him? I say yes he should, as it would be a change of circumstances whether he had no income or not as the person was probably entitled to claim JSA. Would the neighbours benefits be reduced if the person living him didn't claim the JSA he was entitled to or not I think they might be my hubby says definitely not?

CIS

It depends on the benefits being claimed - not all benefits are affected by other occupiers of the property.

Tehya

Sorry we're mostly talking about housing benefit and JSA or ESA and as it stands now not in October, I know it all changes again then.

rogerblack

Hypothetically I would say that as the second person is in fact a yeti, they are exempt from consideration by any UK benefits.

Housing_Benefit_Officer

There would be the minimum non dependant deduction taken from the householders Housing Benefit or Council Tax Support if the non dep had nil income. However a non dep can be beneficial - a higher LHA rate or no 14% reduction in social housing for no longer having a spare bedroom.

Better still charge them £20 per week as a sub tenant - no non dep deduction for sub tenants or lodgers, increased LHA no 14% bedroom tax and the £20 rent is disregarded as income and the other person can claim housing benefit for his or her £20 rent.

missapril75

rogerblack wrote: »

Hypothetically I would say that as the second person is in fact a yeti, they are exempt from consideration by any UK benefits.

I think that's abominable.

:rotfl:

Tehya

Ha ha. We were discussing the bedroom tax, we have to pay because our son lives with us but is away for part of the year at uni.

But then got chatting about about other silly benefit rules and now hubby's being a total pillock though he's convinced a person with no income wouldn't affect any benefits of the person they live with and he's got a real bee in his bonnet about it as well grrr. I was hoping to shut him up with proof. We

pmlindyloo

Tehya wrote: »

Ha ha. We were discussing the bedroom tax, we have to pay because our son lives with us but is away for part of the year at uni.

But then got chatting about about other silly benefit rules and now hubby's being a total pillock though he's convinced a person with no income wouldn't affect any benefits of the person they live with and he's got a real bee in his bonnet about it as well grrr. I was hoping to shut him up with proof. We

Did you ever appeal having to pay the reduction in your housing benefit because of your son being at university or write to your MP about it?

Useful article about it here:

http://www.ucnotes.co.uk/HousingBenefit/Underoccupancy/BedroomTaxandstudents.aspx

I can't find any cases that have been to court about this. Would be grateful if anyone knows of any.

Housing_Benefit_Officer

pmlindyloo wrote: »

Did you ever appeal having to pay the reduction in your housing benefit because of your son being at university or write to your MP about it?

Useful article about it here:

http://www.ucnotes.co.uk/HousingBenefit/Underoccupancy/BedroomTaxandstudents.aspx

I can't find any cases that have been to court about this. Would be grateful if anyone knows of any.

Plenty of case law for LHA cases - we just refer to previous Tribunal decisions.

pmlindyloo

Housing_Benefit_Officer wrote: »

Plenty of case law for LHA cases - we just refer to previous Tribunal decisions.

Please can you give me a link about this particular area?


When the OP posted before about her son going to university I was very surprised that her local council are not allowing her to keep a bedroom for her son even though he returned home for the holidays. If I remember correctly they maintained that he was resident in his accommodation whilst at uni.

Tehya

They are still arguing that he is living at university and thus only stays we us as a guest grrr. We're currently going through appeal but I'll definitely let you know what happens.