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Am I entitled to housing benefit and can I rent jointly with daughter?

Hi

I hope you can answer me query!

Myself and my partner are both receiving a state pension but receive no other forms of income.we are shortly going to sell our house but the small amount of equity £15000 will be used to pay debts. We have no other savings.

We are planning on renting a private property with out daughter and son in law who have two young children. The plan is to rent a house big enough for all of us and I will help with childcare as they both work full time.

Under these circumstance would me and my partner be entitled to housing benefit and it be allowed under the above conditions?

Many thanks

June

Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    edited 14 September 2014 at 11:59AM
    In principle, yes, such an arrangement could be legal.
    However - there are many ways to set it up - and only some of them will work from a HB perspective.

    In general - if you are not likely to be evicted if you stop paying rent - there is a real question that the tenancy involved would be 'commercial' - and attract HB - similarly if it's not at market rates.
  • If you are named as joint tenants on the tenancy agreement with yur daughter and son-in-law then yes you can claim Housing Benefit.

    If your names are not on the Tenancy Agreement then you would be treated as non dependents and you wouldn't get Housing Benefit as you would have no rental liability.

    If your daughter and son-in-law were the tenants and you moved in with them trying to claim as sub-tenants or lodgers then no Housing Benefit would be paid as you would be residing with close relatives.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
  • missbiggles1
    missbiggles1 Posts: 17,481 Forumite
    10,000 Posts Combo Breaker
    edited 10 May 2023 at 6:44PM
    Hi

    I hope you can answer me query!

    Myself and my partner are both receiving a state pension but receive no other forms of income.we are shortly going to sell our house but the small amount of equity £15000 will be used to pay debts. We have no other savings.

    We are planning on renting a private property with out daughter and son in law who have two young children. The plan is to rent a house big enough for all of us and I will help with childcare as they both work full time.

    Under these circumstance would me and my partner be entitled to housing benefit and it be allowed under the above conditions?

    Many thanks

    June

    Depending on the state pension you receive, you could investigate applying for Pension Credit.
  • If anyone in the house qualifies for PIP or DLA at the required rates, and the parents are caring for them >35 hours a week (caring can include watching over) - then they may also be eligible for the carers allowance premium on pension credit - which may boost the entitlement to pension credit bringing it into payment if pension is just too much otherwise.
    Also - attendance allowance for them if one or both of them are having trouble with daily tasks around the house.
  • Hi

    Thanks for your replays so far!

    No we're not entitled to pip or dla as fortunately where both fit and healthy.

    Is there anything that would preclude us from claiming HB in the scenario described? I'm concerned that because were 'voluntarily' selling our home in order to pay of debts we would be excluded from any help with rent?

    Thanks again
  • Housing_Benefit_Officer
    Housing_Benefit_Officer Posts: 2,502 Forumite
    1,000 Posts Combo Breaker
    edited 10 May 2023 at 6:44PM
    Hi

    Thanks for your replays so far!

    No we're not entitled to pip or dla as fortunately where both fit and healthy.

    Is there anything that would preclude us from claiming HB in the scenario described? I'm concerned that because were 'voluntarily' selling our home in order to pay of debts we would be excluded from any help with rent?

    Thanks again

    You can't be refused Housing Benefit for selling your home. They may look at how you disposed of any capital so keep receipts and detailed records just in case - although the capital limit for Housing Benefit is £16,000.
    These are my own views and you should seek advice from your local Benefits Department or CAB.
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