client is LA tenant. Adult son lives with her because of his unmanageable epilepsy for which he rec's DLA MRC. Client gets HB reduced by NDD. Client is considering approaching LA to have son joined in tenancy. If this is approved and there is a subsequent claim for HB (with him as joint tenant) I'm assuming it would be considered as taking advantage of the HB system in order to avoid the NDD ?

Thanks
Sue

To take advanctage in the context of HR Reg 7 means "to abuse", and the burden of proof is on the LA to show abuse.

This is an interesting one because the LA is also the landlord and the motives of the landord are relevant in considering that question (Would the LA want to accuse itself of abuse of the HB scheme?)

I think there is more danger of the claim from the son being rejected under HB Reg7(1)(g)(liability of former non dependant ) rather then the mothers claim being rejected under the catch all take advantage.

The burden of proof is on the LA to show that the mother is "taking advantage" should the son becoem a joint tenant, but in the case of any claim by the son, the burden of proof will be on him to show that he is not "taking advantage."

If the son has no succession rights to the property, why not argue that applying for the joint teancy is simply a means of ensuring the security of the son should anything happen to his mother.

You might also try arguing the earlier point about the LA itself being party to the deal

cheers Stainsby. given me food for thought.
Sue