HB and partners

I know I should know this but I’ve overthought it and got into a muddle and it’s a situation concerning two social care clients so the advice needs to be correct so appropriate decisions can be made by them or their Deputy/appointee.

I know couples have to choose who is the HB claimant. If someone is a partner on their partner’s HB claim would they count as a HB claimant if they later move out and need to claim for housing costs for another tenancy within the same LA area (or if the HB claimant moves out and the partner needs to claim for housing costs in the existing tenancy)?

Also, if the partner is not on the tenancy agreement, I assume it is not possible to swap the HB claim to their name?

HB is always claimed by one person who may or may not have a partner. The claimant can potentially take advantage of the fact that moving address within an LA area does not require a new claim for HB but the partner cannot.

So there is a scenario where A and B are working age and live together. A is the HB claimant and B is the partner. They split up and each moves into separate non-supported social housing within the LA area. A is able to juggle HB entitlement by processing this as a change of address whereas B needs to claim UC to get help with housing costs because it is not possible for B to juggle their own HB award as they don’t have one.

“Swapping” claimants requires the partner to make a new claim - so it is not possible except if you are dealing with circumstances where a new claim can be made. For the most part, you are stuck with how it is now.

It doesn’t matter whose name is on the tenancy agreement because reg 8(1)(b) HB Regs means that you are treated as liable for rent if you are the partner of the person who is actually liable.

Thank you for the very speedy response - very helpful.