Brother told not eligible for housing benefit or to go on housing list.

charliewocka

helping_hand2014 wrote: »

rent is £1395? is it a 5 bedroom house lol

I wish! It's a small 3 bed semi in an expensive part of the UK!

charliewocka

Marmiter wrote: »

Is the tenancy solely in your name?
If so, then he is considered as living with a close relative so can't claim HB.

You could claim second adult rebate, which is effectively getting the 25% discount on your council tax.

Yes, tenancy is solely in my name as he doesn't have the mental capacity to understand the full implications of a contract, although he is listed as a tenant for the property (along with the two dogs and cat ).


I called the local borough council to apply for the 25% discount but they have said that it isn't applicable because he needs to claim council tax benefit.

nannytone_2

he isn't listed as a tenant along with the vat and dog though.
you are the tenant.
he merely lives with you ( and the cat and the dog)
he has no liability to pay rent and so cannot claim housing benefit

MissMoneypenny

flosswoss21 wrote: »

I am regarded as his carer by our local authority and community mental health care team,

flosswoss21 wrote: »

He was told to apply for ESA and PIP by the CMHT who helped him with the applications and submitting them (they provided letters of support as required) - I don't know the background to all the requirements as before he was diagnosed with the Aspergers I was providing for him financially in all aspects, so only began to claim for the benefits from diagnosis.

As you can see from that link I gave, it appears he is not entitled to claim PIP as he hasn't resided in the UK for 2 years.

What did you tell CMHT about when your brother moved to the UK? Did you sign any forms as your brothers carer? Perhaps ask them to check rather then keep receiving benefits he might have to pay back?

Have you looked to see if your brother could claim sickness benefits from his country instead? Some sickness benefits are transportable to other EU countries and Ireland might do this too for their citizens. Maybe Ireland would even backdate it to the date he started claiming from the UK, to pay back any potential PIP overpayments?

charliewocka

CMHT know the full history of when he arrived in the UK, what disability benefit he was claiming in Ireland and when he stopped the claim etc. I didn't have to sign anything as he is still legally an adult and the CMHT went through his application with him in full, but I will try to speak with the team and raise that issue, as I don't want him to be in a situation where he is potentially claiming something not entitled to and would need to repay (now something I will be stressing about on his behalf!).


In relation to him being a tenant, he is listed as a TENANT on the tenancy lease (just checked it myself now) but the lease is in my name.


Thanks for the help again and helping me to check some of this stuff out!

nannytone_2

the rental agreement is YOUR responsibility and not your brothers.
the landlord is paid rent by you, on behalf of YOUR household, and so you are the liable person.

you said the cat and dog are also named ... does that make them tenants too?

BigAunty

nannytone wrote: »

he isn't listed as a tenant along with the vat and dog though.
you are the tenant.
he merely lives with you ( and the cat and the dog)
he has no liability to pay rent and so cannot claim housing benefit

It is possible that the OP holds a joint tenancy with his brother, that his brother is on the tenancy agreement. Anyone over the age of 18 can sign a tenancy agreement with ease.

That, in itself, doesn't provide any automatic entitlement to housing benefit, though.

If his brother is a joint tenant, then he is severally and jointly liable to pay rent to the landlord, meaning the landlord doesn't care who pays it and can chase either or both tenants if there are arrears.

Having said that, the OP has written 'In relation to him being a tenant, he is listed as a TENANT on the tenancy lease (just checked it myself now) but the lease is in my name. ' which is confusing.

Is the brother a permitted occupier (i.e. he has permission to live there) while the OP is the sole tenant or are they joint tenants?

Either way, the legal relationship between the OP and the landlord has no influence on HB matters with the council.

NYM

I don't understand what the actual question is ?

Do you want your brother to claim HB and CT benefit (or whatever it's called now) to help towards your rent ? Or do you want him to move out into sheltered accommodation ?

pmlindyloo

MissMoneypenny wrote: »

I don't know about housing benefit, but that "have been in Great Britain for at least 2 of the last 3 years" is for PIP.
https://www.gov.uk/pip/eligibility

As your brother only moved to Great Britain in September 2013, how is he claiming PIP?

If you look at your link you will see that there are exceptions to this past and present test.

The actual legislation is here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265395/admc2.pdf

If the OP's brother (or his adviser) has given all the correct information then the Decision Maker would have followed this guidance.

Since Ireland is a EU member then the EU law will relate to his PIP award.

All a little complicated for me after a day at work but presumably a Decision Maker would not have awarded it unless he met all the conditions.

nannytone_2

BigAunty wrote: »

It is possible that the OP holds a joint tenancy with his brother, that his brother is on the tenancy agreement. Anyone over the age of 18 can sign a tenancy agreement with ease.

That, in itself, doesn't provide any automatic entitlement to housing benefit, though.

If his brother is a joint tenant, then he is severally and jointly liable to pay rent to the landlord, meaning the landlord doesn't care who pays it and can chase either or both tenants if there are arrears.

Having said that, the OP has written 'In relation to him being a tenant, he is listed as a TENANT on the tenancy lease (just checked it myself now) but the lease is in my name. ' which is confusing.

Is the brother a permitted occupier (i.e. he has permission to live there) while the OP is the sole tenant or are they joint tenants?

Either way, the legal relationship between the OP and the landlord has no influence on HB matters with the council.

the OP states in post 13 that the teensy is solely in their name and not the brothers.
just that the brother is named on the tenancy along with the cat and the dog.
this makes the OP solely liable for the rent