Housing benefit interview under caution

zugzwang

To avoid this my brother put my name on the house title deeds so that if anything happened to him I would still have a place to live.

Are you sure he didn't just put you in his will? It'd seem like a more obvious thing to do.

Changing the name on the house title deeds is a dramatic step. Was he trying to keep the house out of the divorce settlement? Perhaps your brother has been trying to use you, and you are unwittingly piggy in middle between your brother trying to keep the house and his wife? Incidentally, I don't think this works as people try similar things with signing assets away when threatened with bankruptcy.

I think if you can show that you continued to pay rent, you may be able to convince them that you didn't pocket the HB and there was no intent to defraud.

And if your brother says he is willing to pay back the money too, perhaps after you've signed the deeds back that might keep you out of court. He could remortgage to get the money perhaps, and he should be trying to help you as he is in same trouble as you.

In any case, you need a lawyer.

ohreally

MABLE wrote: »

As they say ignorance of the law is no excuse.

Ignorance is bliss until something goes t!ts up.

Housing_Benefit_Officer

Sg1431 wrote: »

A name on a title deed is not something that can be hidden it is on government record and information that can be obtained at anytime.
I am now worried that they think j have bought the house from my brother but no more net was exchanged I did not take out a mortgage or had any other interest in the house my name was purely on the title deed for the security of my children. I am really worried and am sick with worry doea anyone have any advice

Us Housing Benefit Officers have telepathic powers don't we to know when someone's name has been added to a title register.

You have been visited twice and twice you have deliberately failed to advice the visiting officers of a relevant change. You also deliberately failed to notify the Housing Benefit Department you had become a homeowner rather than a tenant.

Somebody has told the Housing Benefit Department that you are committing fraud. They have checked the Land Register and discovered for 4 years you have fraudulently been receiving Housing Benefit.

You have nobody to blame but yourself.

My advice would be to get a good solicitor in the hope you avoid a prison sentence if you are prosecuted for your fraud.

There will be 4 years overpayment as you have no entitlement to Housing Benefit from the date you name was placed on the deeds. You will need to know if they will slap you with an administrative penalty or prosecute you for fraud.

merlin68

you obviously know you did wrong as you seem to know the reason that you have been called in. If you now own the house why have you been paying your brother rent still. This is what i don't get. the house is legally yours. Doesn't mater that no money has changed hands. You could sell it and your brother could do nothing about it.
I agree a prison sentence looks likely.

Poppie68

merlin68 wrote: »

you obviously know you did wrong as you seem to know the reason that you have been called in. If you now own the house why have you been paying your brother rent still. This is what i don't get. the house is legally yours. Doesn't mater that no money has changed hands. You could sell it and your brother could do nothing about it.
I agree a prison sentence looks likely.

I'm sorry but how on earth could you come out with such an erroneous statement as ' I agree a prison sentence looks likely'.?


The op hasn't even been interviewed yet and if it did indeed get to the prosecution for fraud stage neither yourself or any others including myself on this Forums are privvy to the possibility of mitigating reasons or the mind set of the judge.
Making statements like the one made by you could severely distress the op.

micky2phones

tamiami wrote: »

Why did he not just leave it to you in his will?

Good point !

micky2phones

zugzwang wrote: »

Are you sure he didn't just put you in his will? It'd seem like a more obvious thing to do.

Changing the name on the house title deeds is a dramatic step. Was he trying to keep the house out of the divorce settlement? Perhaps your brother has been trying to use you, and you are unwittingly piggy in middle between your brother trying to keep the house and his wife? Incidentally, I don't think this works as people try similar things with signing assets away when threatened with bankruptcy.

I think if you can show that you continued to pay rent, you may be able to convince them that you didn't pocket the HB and there was no intent to defraud.

And if your brother says he is willing to pay back the money too, perhaps after you've signed the deeds back that might keep you out of court. He could remortgage to get the money perhaps, and he should be trying to help you as he is in same trouble as you.

In any case, you need a lawyer.

I was thinking along the lines you were

Colin_Hunt

zugzwang wrote: »

Are you sure he didn't just put you in his will? It'd seem like a more obvious thing to do.

Changing the name on the house title deeds is a dramatic step. Was he trying to keep the house out of the divorce settlement? Perhaps your brother has been trying to use you, and you are unwittingly piggy in middle between your brother trying to keep the house and his wife? Incidentally, I don't think this works as people try similar things with signing assets away when threatened with bankruptcy.

I think if you can show that you continued to pay rent, you may be able to convince them that you didn't pocket the HB and there was no intent to defraud.

And if your brother says he is willing to pay back the money too, perhaps after you've signed the deeds back that might keep you out of court. He could remortgage to get the money perhaps, and he should be trying to help you as he is in same trouble as you.

In any case, you need a lawyer.

Can you do that ? Just sign away a house/asset ? And then, presumably, go on to claim benefits.

Caz3121

Colin_Hunt wrote: »

Can you do that ? Just sign away a house/asset ? And then, presumably, go on to claim benefits.

I could be treated as deprivation of assets. Depending on the amount of equity, OP would be looked at as giving away that amount of money and could be treated as if they still had it (notional capital)
You also cannot claim housing benefit for a property that you owned within the last 5 years (dont think the fact it is joint ownership changes that)

seven-day-weekend

I don't think the OP realised that putting his name on the deeds meant he now owned the house (or half of it if his brother is on them too).

However, he still did not declare the change.

He will need to convince HB that what he did was out of ignorance rather than deliberate fraud and hope that all they do is ask him to pay it back.