What is classed as resident?

dlk

Not sure if anyone can help or has any advice. My mother in law died recently and so my father in law now lives alone.

His income is just 226.05pw state pension plus £211per month private pension but he lives in a council house paying £110pw rent so left with very little after rent and bills.

I know it's probably not 100% accurate but I ran the figures through entitledto.com for him and it said he'd get housing benefit and most of his council tax paid as well. 

My question relates to his son. His son lives with his partner 5 days a week 150 miles away but still comes back to my father in laws at weekends so he can see his children who live locally. He also has his mail still coming to my father in law's address (I suspect because his partner was a single parent so they're probably still getting benefits of some sort). He's not on the tenancy but because he's presumably registered as living here with his bank, work etc does my father in law have to consider him as resident at the house as that would mean he wouldn't qualify for the housing benefit he should be getting?

Baldytyke88

dlk said:

My question relates to his son. His son lives with his partner 5 days a week 150 miles away but still comes back to my father in laws at weekends so he can see his children who live locally. He also has his mail still coming to my father in law's address (I suspect because his partner was a single parent so they're probably still getting benefits of some sort). He's not on the tenancy but because he's presumably registered as living here with his bank, work etc does my father in law have to consider him as resident at the house as that would mean he wouldn't qualify for the housing benefit he should be getting?

The issue would be if the son is on the council tax and registered to vote elsewhere, then he is not living at dads.

Robbie64

Is his son on the electoral register? If so, at what address? Does his partner claim a single person discount for Council Tax at her address or is he registered as living at her address? Has your father in law claimed a single person discount for Council Tax?

gwynlas

His son mainly lives away 5 nights out of 7 so unless he is n the electoral role then he is non resident and FIL could claim council tax reduction etc.

His post going to the house means little, some people who are in temporary accommodation, travelling  or van livers  need to make similar arrangements.

The situation would be reversed if the son claimed it as hs main residence and the Mon-Fri arrangement as being circumstantial. Given it is a social tenancy the son would need to be on electoral register and paying some utilities in order to have any chance of succession in tenancy.

dlk

Robbie64 said:

Is his son on the electoral register? If so, at what address? Does his partner claim a single person discount for Council Tax at her address or is he registered as living at her address? Has your father in law claimed a single person discount for Council Tax?

He's not on voters role and yes, his partner is claiming council tax discount. My father in law hasn't claimed anything yet, it's only a month since his wife died so I'm just trying to sort his finances out for him and find out what he is entitled to. My only concern was whether the son has to be considered as living there if its registered as his home address with his bank, phone company, his work etc even though he isn't in reality living there

Blancmang25

dlk said:

Robbie64 said:

Is his son on the electoral register? If so, at what address? Does his partner claim a single person discount for Council Tax at her address or is he registered as living at her address? Has your father in law claimed a single person discount for Council Tax?

He's not on voters role and yes, his partner is claiming council tax discount. My father in law hasn't claimed anything yet, it's only a month since his wife died so I'm just trying to sort his finances out for him and find out what he is entitled to. My only concern was whether the son has to be considered as living there if its registered as his home address with his bank, phone company, his work etc even though he isn't in reality living there

If the FIL is going to claim HB/CTR then he needs to speak to his son about declaring him on his claim, otherwise he will be making a false statement.
The same applies if the FIL claims a single person discount for Council Tax purposes.
Regardless of the son not being on the electoral role all of his personal data goes to the FIL address, I presume he is registered with a gp locally to the FIL's address.
FIL is probably also aware that all of his son's mail goes to the address.
The son cannot say he is not living there as he returns every weekend to see his children. 
Unfortunately, as mentioned the son is staying with his partner for 5 days who is probably claiming as a single parent, as confirmed by the fact she has a single person discount.
The FIL and son need to have the conversation before he makes his claim, if he is put on the claim there will be a non dependent deduction on his HB/CTR claim.
The deduction will be based on what the son's gross weekly earnings are.

bazdvd

Blancmang25 said:

The deduction will be based on what the son's gross weekly earnings are.

thats not correct

8dayweek

bazdvd said:

Blancmang25 said:

The deduction will be based on what the son's gross weekly earnings are.

thats not correct

Yeah it is… Housing Benefit is different to Universal Credit, and OP’s father in law is over State Pension age so it would be Housing Benefit. 

https://england.shelter.org.uk/housing_advice/benefits/housing_benefit_deductions_when_living_with_non_dependants

 

peteuk

The other question is as the son is living 5 days with his partner, if she is claiming benefits as a single parent then potentially she is commiting fruad, depending on what benefits she is claiming.  Regardless of where his post is sent, FIL/PO Box etc. he is staying their 5/7 days.