Universal Credit Partner not on tenancy agreement

Deargreenplace
Deargreenplace Posts: 4 Newbie
in Benefits & tax credits
My partner and I have made a joint claim for Universal Credit. Member of staff at Jobcentre has advised me that as my tenancy agreement is in my name only, they will only pay half our eligible housing costs. Can anyone advise if this is correct ? Would I have to go to my landlord and request that he changes the tenancy agreement and makes it a joint tenancy with my partner's name added to it ?
«1

Comments

  • Deargreenplace
    Deargreenplace Posts: 4 Newbie
    Alice_Holt wrote: »
    I believe you have been advised incorrectly by DWP staff (their training can be abysmal), incorrect info on UC is frequently given by the DWP.

    My understanding is that the way that universal credit housing costs are apportioned between joint tenants depends on their relationship with each other, and if they are partners then the full allowable rent liability should be used in the housing costs calculation (as was the case under HB);
    (If the joint tenancy includes tenants are not partners, the total amount of allowable rent liability is divided by the number of tenants and that amount is used in the calculation of housing costs for each tenant).

    You may find confirmation of this in Section 11 of the Welfare Reform Act 2012 and regulation 25 and 26 of the Universal Credit Regulations 2013.

    I think you should check this with your local advice centre / CAB and if I am correct then:
    query the advice given with a DWP manager,
    appeal an incorrect decision,
    make a complaint,
    raise it with your MP, etc
    according to the response from the DWP.


    Thanks Alice, didn't sound right to me either - will maybe get CAB to confirm prior to challenging the Jobcentre assertion.
  • Ineededaname
    Ineededaname Posts: 148 Forumite
    Incorrect.
    https://www.legislation.gov.uk/uksi/2013/376/regulation/25/made

    (3) The circumstances of the liability to make the payments must be such that—
    (a)
    the claimant (or either joint claimant)—
    (i)
    has a liability to make the payments which is on a commercial basis, or
  • Deargreenplace
    Deargreenplace Posts: 4 Newbie
    Ineededaname wrote: »
    Incorrect.


    (3) The circumstances of the liability to make the payments must be such that—
    (a)
    the claimant (or either joint claimant)—
    (i)
    has a liability to make the payments which is on a commercial basis, or


    Thanks Ineededaname, the link you provided seems to confirm that DWP have given me incorrect advice, much appreciated. :T
  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
    First Anniversary Name Dropper First Post
    Sorry, somehow managed to delete my post whilst trying to edit it to add a link to Shelter.
    (Shelter also have a telephone help-line).

    But Ineededaname, has provided a link to quote at them.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Ineededaname
    Ineededaname Posts: 148 Forumite
    No problem.
    Just tell them you've looked into it and believe they were wrong and ask them to check with their colleagues or manager.

    Someone should correct it easy enough for you. If not there are more official ways to challenge them, but this is probably dealt with easily enough if this member of staff just checks with other people. Probably newly trained on UC and got it wrong.
  • Deargreenplace
    Deargreenplace Posts: 4 Newbie
    Alice_Holt wrote: »
    Sorry, somehow managed to delete my post whilst trying to edit it to add a link to Shelter.
    (Shelter also have a telephone help-line).

    But Ineededaname, has provided a link to quote at them.


    Thanks again Alice, feel much more confident about this now.
  • huckster
    huckster Posts: 4,813 Forumite
    First Anniversary Name Dropper First Post
    If you are both on the UC claim, then I suspect the claim is already set up to pay the correct housing amount.

    The confusion is probably in the mind of the person you spoke to, who was thinking of an untidy tenancy, where one tenant is not actually part of the UC claim.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Laurab34
    Laurab34 Posts: 8 Forumite
    First Post
    Am about to do this does he have to be on the teancy for housing are saying he can go on the teancy but does he have to he's just living here but been told if he has moved in got to do a joint claim and he's got to send his Id to for housing but he's got no id
  • poppy12345
    poppy12345 Posts: 17,932 Forumite
    First Anniversary First Post Name Dropper
    Laurab34 said:
    Am about to do this does he have to be on the teancy for housing are saying he can go on the teancy but does he have to he's just living here but been told if he has moved in got to do a joint claim and he's got to send his Id to for housing but he's got no id

    You have posted on the end of a thread that's more than 3 years old. Please start your own thread with your question because it gets very confusing when asking questions on other peoples threads.
  • calcotti
    calcotti Posts: 15,696 Forumite
    First Anniversary First Post Name Dropper
    Laura - suggest you start your own thread. When you do can you make clear what your relationship is with the person who has moved and who is claiming what.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards