Housing Benefit Query

Northern_Wanderer

Blancmang25 said:

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.

As a working aged person, the brother will not be able to make a new claim for Housing Benefit, it will have to be through UC, so he'll most likely have to do the managed migration to UC and then add housing costs. Assume you will do your managed migration to UC and claim half housing costs. 

You may wish to ask Citizens advice on this as you don't want to risk messing about with any transitional protection with the mannaged migration.

8dayweek

Is your brother definitely a joint tenant (liable for rent) or just a permitted occupier?

It sounds like you’re potentially the sole tenant and your brother is just a non-dependent adult living with you. 

Your “bedroom tax” would have been removed when your brother moved in owing to your extended household (you and brother) requiring two bedrooms, and no non-dependent deduction would be applicable in respect of your Brother if you are in receipt of PIP or DLA. 

8dayweek

Blancmang25 said:

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.

It’s not been possible to make a new claim to Housing Benefit for quite some time - it differs somewhat between areas (depending on when UC was rolled out specifically in that area) but as a rule of thumb from December 2018 onwards everywhere was UC. 

(Some areas rolled out UC as early March 2016 and the final ones were late December 2018). 

Bonus_Pig

Thank you for all the helpful posts in answer to mine.

Hopefully, my Rents Officer will contact me via email soon and I’ll discuss it with them.

Blancmang25

Northern_Wanderer said:

Blancmang25 said:

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.

As a working aged person, the brother will not be able to make a new claim for Housing Benefit, it will have to be through UC, so he'll most likely have to do the managed migration to UC and then add housing costs. Assume you will do your managed migration to UC and claim half housing costs. 

You may wish to ask Citizens advice on this as you don't want to risk messing about with any transitional protection with the mannaged migration.

Completely agree with regards to UC. 
However if the tenancy is joint then the HB claim has been paid incorrectly, hence why I advised to speak to a housing benefit officer. 

Northern_Wanderer

Blancmang25 said:

Northern_Wanderer said:

Blancmang25 said:

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.

As a working aged person, the brother will not be able to make a new claim for Housing Benefit, it will have to be through UC, so he'll most likely have to do the managed migration to UC and then add housing costs. Assume you will do your managed migration to UC and claim half housing costs. 

You may wish to ask Citizens advice on this as you don't want to risk messing about with any transitional protection with the mannaged migration.

Completely agree with regards to UC. 
However if the tenancy is joint then the HB claim has been paid incorrectly, hence why I advised to speak to a housing benefit officer. 

Well then, the OP might find he's received an overpayment of HB each month of 50% rent adn council tax reduction. I doubt there will be any backdating of HB for the brother as it would have been a UC claim including housing element, depending when he moved in/ became joint tenant. There will not be backdating in UC. A retrospective claim for HB will be unlikely. 

It is the responsibility of the OP to inform of change of circumstances to any relevent benefit department, and also to ensure the changes are actually made.

Blancmang25

Northern_Wanderer said:

Blancmang25 said:

Northern_Wanderer said:

Blancmang25 said:

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.

As a working aged person, the brother will not be able to make a new claim for Housing Benefit, it will have to be through UC, so he'll most likely have to do the managed migration to UC and then add housing costs. Assume you will do your managed migration to UC and claim half housing costs. 

You may wish to ask Citizens advice on this as you don't want to risk messing about with any transitional protection with the mannaged migration.

Completely agree with regards to UC. 
However if the tenancy is joint then the HB claim has been paid incorrectly, hence why I advised to speak to a housing benefit officer. 

Well then, the OP might find he's received an overpayment of HB each month of 50% rent adn council tax reduction. I doubt there will be any backdating of HB for the brother as it would have been a UC claim including housing element, depending when he moved in/ became joint tenant. There will not be backdating in UC. A retrospective claim for HB will be unlikely. 

It is the responsibility of the OP to inform of change of circumstances to any relevent benefit department, and also to ensure the changes are actually made.

Correct IF the brother is a joint tenant then the hb claim will need to be assessed using the correct details. A HB overpayment will be generated. However any HB overpayment can then be looked at for underlying entitlement. I can't remember the exact HB reg off the top of my head. Underlying entitlement is quite complex, it's basically what should have been paid had the claimant told them at the time. Hence why I advised to see a housing benefit officer.
Also dependant on which LA, the CTR can also be looked at for U/E subject to their scheme. Housing benefit sections should/do look at overpayments and U/E to reduce the amount owing. This then gives the true overpayment(if any) as it can be reduced or wiped out.

HillStreetBlues

Blancmang25 said:

Correct IF the brother is a joint tenant then the hb claim will need to be assessed using the correct details. A HB overpayment will be generated. However any HB overpayment can then be looked at for underlying entitlement. I can't remember the exact HB reg off the top of my head. Underlying entitlement is quite complex, it's basically what should have been paid had the claimant told them at the time. Hence why I advised to see a housing benefit officer.
Also dependant on which LA, the CTR can also be looked at for U/E subject to their scheme. Housing benefit sections should/do look at overpayments and U/E to reduce the amount owing. This then gives the true overpayment(if any) as it can be reduced or wiped out.

Think it's Reg 99 https://www.legislation.gov.uk/uksi/2006/213/regulation/99

Meaning of overpayment

99.  In this Part, “overpayment” means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations (whether on the initial decision [F1or as subsequently revised or superseded or further revised or superseded]) and includes any amount paid on account under regulation 93 (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.