× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

Can a joint tenant claim hb for the full amount of rent for tenancy?

Jacky Philipson
forum member

Housing and Benefits worker Manchester Mental Health Assertive Outreach Team

Send message

Total Posts: 48

Joined: 28 July 2015

My client is a joint tenant with his son and also appointee for son for benefits. The tenancy is with a social housing provider and is two bedroom property. The son has been in hospital for approx. two years - mostly low secure -  and my client has not notified the Benefits Unit that son ever went into hospital so separate housing benefit claims for both son and my client have continued -  each for half of the rent. The son is not going to be coming back to live in the property. He has serious mental health problems and his care co-ordinator is currently looking for long term supported housing. There is another son also living in the property at the moment who also has severe mental health issues.

In the interests of my client who is a elderly illiterate gentleman with little grasp of the benefits system,  I would be seeking to remove the son from the tenancy. I am liaising with the son’s care co-ordinator and social worker who are both happy for him to removed from the tenancy anyway but they have not yet had the conversation with him to see if he agrees to be removed but there are also significant issues over his capacity so I understand that the court of protection would have to be involved which would be a protracted process.

My client can end the joint periodic tenancy without his son’s knowledge or agreement but this would leave him homeless so he would have to be rehoused first either with or without son number 2. He has been unclear about whether he wants to remain in the property anyway and this is complicated by his concerns about what will happen to son number 2 when/if he dies.

In the meantime my client continues to be liable for a potentially increasing hb overpayment or rent arrears if he discloses to the Benefits Unit that his son has been in hospital for more than 52 weeks.

My plan is as follows and would be very grateful for any further advice etc particularly in regard to how likely it is that my client will be permitted to claim hb for the whole property:
- initially press son’s care co-ordinator to have discussion with son to see if he has capacity to make decision re giving up tenancy and if so find out if he is agreeable to do so or not. If he is then this will resolve the problem but I suspect that capacity will be an issue
- advise my client to notify BU that son has been in hospital for over 52 weeks and then negotiate recovery of overpayment
- request that my client claims housing benefit for whole rent - this appears to be arguable but not automatic - CH/3376/2002
- discuss situation with housing provider to see if possible for my client to take over tenancy as sole tenant if he ends joint tenancy - again I am not clear on previous successions etc but given the situation the housing provider may agree to a discretionary decision.
- discuss with son’s care co-ordinator that possibly not in father’s interests to remain appointee for benefits

[ Edited: 27 Apr 2017 at 10:11 am by Jacky Philipson ]
HB Anorak
forum member

Benefits consultant/trainer - hbanorak.co.uk, East London

Send message

Total Posts: 2895

Joined: 12 March 2013

The fact that the father is appointee for the absent son is very unfortunate: the overpayment is recoverable from him as he failed to disclose a change of circumstance on behalf of his son.

However, all is not lost.  The wording of HB Reg 104 allows the overpayment to the son to be reduced by the HB that would have been paid to the father if the Council had been notified as soon as the absence was likely to exceed 52 weeks.  The rent would at that point have been apportioned 100:0 in the father’s favour (anything else would be perverse) and the same amount of HB would have been paid (subject perhaps to bedroom tax as the son no longer occupied the dwelling).

Reg 104: “the relevant authority shall deduct any amount of HB which should have been determined to be payable to the person from whom the overpayment is recoverable ...”

It’s the son’s overpayment but it’s recoverable from the father as well, which puts him in the scope of Reg 104.