Housing Benefit Query

Bonus_Pig

Hello everyone,

I have a question about the Housing Benefit that I receive at present, which I’m hoping can be answered by someone on here, who is in the know with how it all works.

Both myself and my brother currently share a property as joint tenants and we have both received the ESA to UC migration letters stating that our ESA will soon stop and that we need to make a claim for UC.

However, whereas on my letter it refers to the Housing Benefit that will also end, on my brother’s letter there is no mention of this.

Due to this situation, what I would like to know is why would there be this discrepancy between what are otherwise two identical letters?

Any information and advice provided would be gratefully received.

Flugelhorn

does your brother receive HB or is just you?

Bonus_Pig

As far as we were aware, the both of us were receiving HB.

That was until we read our respective ESA to UC Migration letters, which has naturally cast some doubt on whether this is actually the case.

The reason for being so certain of the situation, is due to the landlord’s previous housing officer for our locality, who told us that he would inform the council of the change of circumstances at the property, when my brother became a joint tenant.

Other instances which illustrate that the council is aware of my brother’s presence at the property, is his inclusion on the Electoral Roll and yearly Council Tax statement.

I do also have a recollection, of the same housing officer taking our completed Housing Benefit forms and informing us that he would deal with them.

I hope that this somewhat lengthy post goes some way to answering your question.

Rubyroobs

Bonus_Pig said:

As far as we were aware, the both of us were receiving HB.

That was until we read our respective ESA to UC Migration letters, which has naturally cast some doubt on whether this is actually the case.

The reason for being so certain of the situation, is due to the landlord’s previous housing officer for our locality, who told us that he would inform the council of the change of circumstances at the property, when my brother became a joint tenant.

Other instances which illustrate that the council is aware of my brother’s presence at the property, is his inclusion on the Electoral Roll and yearly Council Tax statement.

I do also have a recollection, of the same housing officer taking our completed Housing Benefit forms and informing us that he would deal with them.

I hope that this somewhat lengthy post goes some way to answering your question.

Bonus_Pig said:

As far as we were aware, the both of us were receiving HB.

That was until we read our respective ESA to UC Migration letters, which has naturally cast some doubt on whether this is actually the case.

The reason for being so certain of the situation, is due to the landlord’s previous housing officer for our locality, who told us that he would inform the council of the change of circumstances at the property, when my brother became a joint tenant.

Other instances which illustrate that the council is aware of my brother’s presence at the property, is his inclusion on the Electoral Roll and yearly Council Tax statement.

I do also have a recollection, of the same housing officer taking our completed Housing Benefit forms and informing us that he would deal with them.

I hope that this somewhat lengthy post goes some way to answering your question.

It would surely show on your housing benefit award letter whether you are receiving full housing benefit or just half of it?

Caz3121

Bonus_Pig said:

The reason for being so certain of the situation, is due to the landlord’s previous housing officer for our locality, who told us that he would inform the council of the change of circumstances at the property, when my brother became a joint tenant.

did your Housing Benefit amount change around this time? were you living alone previously? did you advise the council of your change of circumstances?

Bonus_Pig

In answer to your question Rubyroobs, the rent is currently being paid in full through Housing Benefit.

I was paying the bedroom tax for a while, but this changed as soon as my brother moved into the property.

As for an award letter, my memory is such that I don’t exactly recall such a document, and I certainly don’t have it in my possession anymore, whereas I receive a Council Tax bill every year.

Bonus_Pig

Caz3121,

Yes, I was living alone for a few years prior to my brother moving in and, once he had moved in, the bedroom tax payment that I had to make ended.

As I previously explained, the housing officer that we had at the time, assured us that he would inform the Council of the changes to the tenancy.

rosewalk

As others have advised you need to establish whether both you and your brother are on the tenancy agreement as joint tenants and whether you are in receipt of the whole of the Housing Benefit. I would advise you to contact your housing officer or the council directly to ask what their records show. Unfortunately you can't rely on the fact that the previous Housing Officer said that they would inform the council. Sometimes people say that that will do something and then forget or do inform a body such as the council but they fail to update their records.  

Robbie64

Bonus_Pig said:

In answer to your question Rubyroobs, the rent is currently being paid in full through Housing Benefit.

I was paying the bedroom tax for a while, but this changed as soon as my brother moved into the property.

As for an award letter, my memory is such that I don’t exactly recall such a document, and I certainly don’t have it in my possession anymore, whereas I receive a Council Tax bill every year.

Bit in bold: is the housing benefit you receive as an individual equal to the full rent or do you only receive half and your brother receive the other half?

Bonus_Pig

Since posting earlier, I’ve looked through my tenancy folder and have located a letter from the Council which gives details of the Housing Benefit, and has both our names on it.

The letter shows that, as a Non-dependant, his occupancy at the property has resulted in no deductions to the HB.

Having looked at the Tenancy Agreement, I can see that we both are signatories.

I have also emailed the Rents Officer of the landlord that we are under in the hope of receiving some clarification so, fingers crossed, that should establish conclusively, where we are with this.

Blancmang25

Bonus_Pig said:

Since posting earlier, I’ve looked through my tenancy folder and have located a letter from the Council which gives details of the Housing Benefit, and has both our names on it.

The letter shows that, as a Non-dependant, his occupancy at the property has resulted in no deductions to the HB.

Having looked at the Tenancy Agreement, I can see that we both are signatories.

I have also emailed the Rents Officer of the landlord that we are under in the hope of receiving some clarification so, fingers crossed, that should establish conclusively, where we are with this.

Okay, so your brother is not receiving HB as a non-dep deduction is not being made from your HB claim, which means they have put your brother on your HB claim.(as another person living in the home). They are probably unaware that you have a joint tenancy.

You need to let the HB section know that you have a joint tenancy and supply them with a copy of the tenancy agreement when you both became joint tenants. I am presuming both your names are on the TA?

Your brother will need to make a HB claim request a backdate.

If your Local Authority has a benefit officer that you can see I would advise you to do this to explain what's happened.

You will then have a HB claim each and a CTR claim each (you will both be liable for the council tax as you are joint tenants).

HB/CTR will/ should be paid 50/50.