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MIL's Housing and Council Tax benefits stopped
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Posts: 2,279 Forumite
She was previously living on her own and is now living as a tenant in her eldest daughters home who works full time, she previously lived there in 2017 and was getting housing benefit paid in full. She moved back in with her Dec 2018.
She has received a letter stating that they are stopping the housing benefit altogether and that she has to repay 16 weeks of council tax benefit (taking it up to April 2019).
Why have the benefits stopped this time around? Has the criteria changed since 2017? And why does she have to pay for council tax on a property she no longer lives at?
She has received a letter stating that they are stopping the housing benefit altogether and that she has to repay 16 weeks of council tax benefit (taking it up to April 2019).
Why have the benefits stopped this time around? Has the criteria changed since 2017? And why does she have to pay for council tax on a property she no longer lives at?
4.29kWp Solar system, 45/55 South/West split in cloudy rainy Cumbria.
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How can she claim housing benefit when living with her daughter? Is it her daughters house or is it rented?Be Alert..........Britain needs lerts.0
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It's her daughter's house but her ex partner is the landlord.4.29kWp Solar system, 45/55 South/West split in cloudy rainy Cumbria.0
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Her daughter doesn't have a formal contract, she just sends him the money for the mortgage.
MIL sends money direct to the ex for rent.4.29kWp Solar system, 45/55 South/West split in cloudy rainy Cumbria.0 -
So has the mother made any formal arrangement with the landlord (e.g. to become a lodger)?
No formal agreement = no benefit to pay for that formal agreement, I'd say.:heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote
Proud Parents to an Aut-some son 0 -
Your MIL might have received Housing Benefit when she was living with her daughter in 2017 because she was a joint tenant (or the council didn't decide that she wasn't a tenant). The rules haven't changed - and Universal Credit works on the same basis, so the difference this time might be that the council don't accept that she is a joint tenant and actually liable for the rent. Have they been sent a copy of the tenancy agreement and have they said they don't accept it?
The situation is similar for Council Tax Support (CTS). If your MIL is not a joint tenant then she has no liability for Council Tax, so can't receive any CTS. Given that Council Tax is typically calculated to be paid over 10 months, she has received more CTS than she should, but she should also get a some refund of council tax she has paid, and this should more or less cancel out with the CTS that has been over paid. MIL can ring the council to check the calculation.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
Tigsteroonie wrote: »So has the mother made any formal arrangement with the landlord (e.g. to become a lodger)?
No formal agreement = no benefit to pay for that formal agreement, I'd say.
Yes she has a contract with the landlord.4.29kWp Solar system, 45/55 South/West split in cloudy rainy Cumbria.0 -
Does her daughter own the house along with the ex? (But it comes out of his bank?)
It’s unlikey she’ll get either benefits if the daughter owns it. You’re a guest/lodger of your daughter. Benefit would not normally be paid when you live in the home of a family member...0 -
It's her daughter's house but her ex partner is the landlord.
Can you be more exact, please.
Is it the daughter's ex or the MIL's ex?
What do you mean by ex? Married then divorced, not married but separated, married but separated, etc. These things are important.
What do the council give as the reason for refusing HB?
Who has the liability to pay the Council Tax?
I would imagine the relationship between MIL and the ex is seen as a close family relationship by the council for HB.
https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_renting_from_family
Your MiL could be best advised to take all the paperwork to her local CAB / advice agency, or to contact Shelter.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
The daughter may, or may not be on the mortgage - I don't know for sure.
It's the daughters ex, they are separated but not yet divorced.
Council gave no reason on the letter for stopping the housing benefit, the council tax is fair enough because her daughter is paying that anyway, it's was more of a question why she had to pay up to April for her previous property but if she's going to get a refund then that's fine.
She is going to go into the council tomorrow with the agreement between her and her daughters ex (he is living elsewhere) so hopefully that will get the housing benefit reinstated.4.29kWp Solar system, 45/55 South/West split in cloudy rainy Cumbria.0
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