Terms & Conditions

[shubbard]

Hello everyone,

I am after some advice regarding a HB claim that has been brought to my attention.

Cl made a HB claim on the 13/09/2017 where she is renting a room from her ex-partner in a property that she formerly lived in.

The tenancy for the property is in the landlord/ex-partners name only, it is a housing association property & the tenant has permission to have lodgers so the cl is a lodger.

The cl was married to her ex-partner/landlord for the period: 2001 to 2007. They have no children together. She moved away to a different Local Authority for approximately 10 years. Whilst on a visit to her children in our area her partner told her not to come home so her ex, ex-partner (husband) offer her a room to rent on a short term basis

We assessed the HB claim from the 11/09/2017 & are paying £80.00 per week. Cl is on income related ESA

I am wondering whether this claim has been assessed incorrectly and that as she was her landlord’s former partner and living in her former home she is not allowed to claim HB?? Or does the 10 year break mean the HB claim is ok to be paid

Any assistance will be gratefully received

Thanks

Sarah

[Peter Barker]

CH/548/2007 considered this and decided that the regulation catches any former partner, not just the most recent one.

As to whether it is the same dwelling, the Painter case applies to ex partners who are now lodgers: the claimant occupied this room when she was part of a couple with the landlord, along with the rest of the house. She no longer occupies the rest of the house, but her reduced dwelling is still one that she and the ex partner occupied at that time.

[shubbard]

Thanks Peter, i did think they would not be entitled, going to be a large LA Error OP & probs non-recoverable too

[Author]

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