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Housing benefit for joint tenants in privately rented accommodation

ASH
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Welfare officer - St Christopher's Hospice, SE London

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Total Posts: 110

Joined: 16 June 2010

We have a case where a mother and son are joint tenants in privately rented accommodation.  Mum gets pension credit, son is under pension age.  Housing benefit have limited Mum’s housing benefit to that of someone in a shared accommodation rather than half the rent. The guidance seems to support this.  I’m hoping we have missed something.

Prisca
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benefits section (training & accuracy) Bristol city council

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Joined: 20 August 2015

if they are joint tenants, then Mums HB should be based on a 2 bed LHA capped at her half of the rent charge as they are a common houshold . Sons will be shared accommodation rate if he is under 25, or 2 bed rate if he is over 235

ASH
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Welfare officer - St Christopher's Hospice, SE London

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Total Posts: 110

Joined: 16 June 2010

That’s what we always thought but we could not find the law or guidance to argue the case.

Prisca
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benefits section (training & accuracy) Bristol city council

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Total Posts: 202

Joined: 20 August 2015

Its only HB that has the common household - theres no equivalent protection in UC

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf

ask thy LA why they arent treating th mum and son as a common houshold
many LA rtend to “forget” that its available.  The LA just have to be happy they are living as a household - its not a high bar to pass.