18 year old with use and occupation charges. Entitlement to UC Housing costs? Liability for CTR/CTS

Hi all

Hoping you could help. I have a client who’s mother died a year ago. She has turned 18 last month however has been allowed to reside in the property by the housing association for nearly a year. She is getting Use and Occupation charges until they determine succession to the property. She has almost £5000 in rent arrears. My client has been under use and occupation since Oct 2022. Am I right in thinking she can claim UC housing costs in this instance?
She claims UC and works part time.

Also would she have been liable for the Council Tax at 17 as she was occupying the property or only when she turned 18 last month?

Any advice on this would be much appreciated

Thanks

Hello. She’s definitely entitled to HCE.

I have found the most effective remedy to be:

- Change of circs reported as happening in October 22
- Writing on journal to request an extension of time of the late notification of the housing costs. There is good reason because bereavement, needing to get specialist advice to fully understand her position [add anything else relevant] and her only being 17/18. I am now at threat of eviction and this uncertainty is very difficult. Please amend my claim to include the housing costs from x/10/2022. If this is not agreed, please issue a formal decision.

What generally happens is that the ongoing costs are agreed pretty quickly (assuming the landlord aren’t being difficult about it) and the backdating issue goes to a deicsionmaker and is decided within 8 weeks or so.

Thanks Rebecca this has been most helpful

Regarding Council Tax, she is only liable as a resident from when she reached the age of 18.  Before that, the dwelling was exempt under Class S (occupied only by persons under 18)

Sorry just re-reading your summary. If Mum died a year ago then I’d be doing the change of circs to apply for when the UC claim started. If she’s liable for rent arrears - she’s been liable for the rent! So if it took time for the landlord to sort out use and occupation, she can still be liable for rent. So my advice applies, but you might want the change of circs date to be earlier than October.