Reply To: Pensioner renting from his daughter – contrived/commercial tenancy?

david farrar

The DWP advised in A22/2008 that:

You are unable to make a decision or any declaration about the likely outcome of a future claim to benefit. This is particularly the case where the dwelling has not been acquired and the person therefore has not occupied it and where there can be no liability. LAs do not have power to make a decision on an award of HB in these circumstances. To do so would leave the authority open to litigation

You have a responsibility to advise how the HB scheme works and when appropriate how the particular regulations may work in an individual’s circumstances should a claim be made. You could give an indication of the likely outcome of a claim but this would have to be limited to known facts without any promises attached.

Although the advice related to supported accommodation, I believe the same would apply here.