Housing benefit

[Maggie65]

I currently live in a 2 bed property and have 2 carers that stay twice a week each,

 

1 of my carers is my daughter who has 3 children so my current property is over occupied,

 

I have the chance to rent my sisters 3 bed house that she does not live in and rents out already, would I be entitled to claim housing benefits

 

I am aware that I would have to.pay a top up but dont want to.move incase I dont get benefits as this would put me in debt, also a regulation 9 has been mentioned but I cant get my head round the information 

[Andyorch]

Welcome to the forum.

 

I have moved your topic to the relevant forum....please continue to post here.

 

Regards

 

Andy

[citizenB]

From what I understand, Regulation 9 of the Housing Benefit regulations prevents yu receiving Housing benefit if you were to be paying the rent to a close relative. 

 

https://www.legislation.gov.uk/uksi/2006/213/regulation/9/made

 

Quote

 

Regulation 9(1)(b) of the Housing Benefit Regulations 2006

1 specifically provides that a person who resides

2 with, and pays rent to, a close relative

3 should not be treated as liable for their housing costs and thus will not be entitled to Housing Benefit.9 Jun 2017

 

I think however, you would need someone with more knowledge/understanding in order to decipher this ! 

 

[Maggie65]

I have been told that it depends how my forms are filled out as to wether I'm entitled im waiting for a housing benefits welfare officer to get in touch Thankyou

[tomtom256]

Reg 9 only kicks in if you live with the close relative you rent from.

 

As long as you can prove the tenancy isn't contrived, is at the normal rental rate and has been rented out before, then in theory you should be able to claim housing benefit.

They should check and ask for proof of rent being passed to the landlord after the first 6 months.

Edited January 14, 2021 by tomtom256

[Maggie65]

Thankyou 

[citizenB]

14 hours ago, tomtom256 said:

Reg 9 only kicks in if you live with the close relative you rent from.

 

As long as you can prove the tenancy isn't contrived, is at the normal rental rate and has been rented out before, then in theory you should be able to claim housing benefit.

They should check and ask for proof of rent being passed to the landlord after the first 6 months.

Many thanks for this information. 

[tomtom256]

Sorry re-read it, also make sure that the council are aware that the daughter you are renting from is not resident, as re-reading it, they may think that the daughter you are renting off is a live in carer. Although this shuld be obvious via the tenancy agreement etc.

 

Just another possible angle the council may be going down and is worth covering, does the daughter you rent from also provide care and if she does, does she ever sleep over to provide the care?

 

 

[Maggie65]

My daughter has her own property,she stays with me 2 nights,my sister has her own property she lives in,but rents her other house out,she also stays with me 2 nights so it's her other house that I'm looking to rent

[tomtom256]

Sorry it's your sister you rent off.

 

Yeah, it could be the issue of her staying at the rental property two nights a week, as well as renting it to you, that is making them quote regulation 9 and refusing the benefit. You should be able to appeal it. But check any letters they have sent you, to see your rights as I haven't worked within housing benefits for a while, but I don't think the right of appeal has changed.

 

In theory what you propose is/should be allowable, as long as you can prove it's all above board and that she will treat you, the same as any other tenant as per my original response.

[Maggie65]

Thankyou for the information 

[Maggie65]

I've not moved yet I'm just finding out information,so if I change my sister as my carer to someone else, would it be easier to rent her property 

Edited January 16, 2021 by Maggie65
Missed words out on my post

[tomtom256]

I am just throwing possible issues out there. It's not the caring that would be the stumbling block, but her sleeping over in a property she is renting to you, hence the possible regulation 9 reference.

 

The only real way to know for sure would be to apply and go from there, but obviously that has potential pit falls, if they refuse the benefit and you need to challenge them, as any appeal could take a long time, before they are heard.

[honeybee13]

tomtom knows far more about this than I do, but I'm wondering if it's possible there would be 'bedroom tax' issues with having three bedrooms if the housing benefit people deem that you only need two.

 

Sorry to be negative, I think it's worth checking in case it's a problem. I wish you well with this.

 

HB

[tomtom256]

Honeybee, in theory I think as she has stay over carers she would possibly be exempt from it, but something I had forgotten about so worth checking, just in case.

 

Are you receiving PIP, DLA or AA at all, as I think being in receipt of one of these benefits allows the exemption, as carers are entitled to there own bedroom under the regulations if providing care to a disabled person?

[honeybee13]

Thank you, tomtom.

 

HB

[Maggie65]

I'm on pip and in my current property I'm allowed 2 bedrooms 1 for me and 1 for carers 

[tomtom256]

Yeah so based on what you say, legislation would allow for a claim to housing benefit, your local council may argue/refuse owing to regulation 9, but as long as your sister has another property where she can prove she lives i.e. paying council tax etc, you can prove tenancy is above board and she would evict for none payment of rent and treat you like any other tenant, they should lose at appeal, if it had to go that far.

 

As you are in receipt of PIP then you should be exempt from bedroom tax, but if you only have 1 carer stay over each night, you may only be entitled to the 2 bedroom rate, obvioulsy if you have 2 carers  per night, then you should get the 3 bedroom rate as each carer will be entitled to thier own room.

 

Just a thought, are you staying within the same council area, as if you move to another council area, I think you would then have to make a claim to Universal Credit.

[Maggie65]

It's the same council