Under occupancy problem

Have a client who is legally separated from her husband in 2010 (has paperwork, not divorced, still living under same roof due to caring needs) who has received a letter stating they she will have to pay 14% rent as they are in a 3 bedroom council property. They have a 19 year old daughter.

Issue is that the wife has sole tenancy on the property but they claim all benefits (him carers allowance, her DLA HRC and LRM and IS) as a couple including housing benefit/council tax etc due to advice given when they separated in 2010. DWP said it would be easier to continue claiming as a couple!!!

They were awarded a 3 bedroom property by the council based upon the fact that they were separated legally, bedroom for her, bedroom for daughter and bedroom for non-dependent adult (husband) 

If they now approach both IS dept (wife under old rules) and council to claim as single people will this open up a whole can of worms (conversion to ESA due to CoC’s, investigation into circumstances etc, which will take time to sort out.

To make matters worse client suffers from a severe stress related condition that has resulted in several members of her family dying of heart attacks, so whole issue is not helping…..........

Any guidance appreciated.

Any evidence of DWP advice?

Have you considered applying for a DHP given special circs when cuts take affect in April 2013.

Single/couple claimant issues also need to be addressed.

Thanks for responses

No evidence of DWP advice.

Will consider DHP but this wont resolve issue long term.

UC is coming……

Which means, your client will (in the future) be telling the (DWP) that her income is assessed as a couple with a child and her housing costs.…….are …..erm (well it’s a bit difficult)?

So this isn’t going to go away……is it?

She really needs to provide the DWP and LA the same information.

BTW….there is already data sharing between DWP and LA Housing Benefit offices on this issue…….

So…...