3 year old Tenantwith ND Mother No Access to Public Funds.

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    We have a strange case. A single parent with a three year old child has come to the attention of the County Council’s Social Services Department.

    The mother has no access to public funds, so the Social Services Department have set up a tenancy in private rented accommodation with the three year old child as the tenant, the mother will of course live with the child.

    Social services are helping the child lodge a claim for HB.

    Any thoughts?


    The old HB/CTB regs board has a discussion on a similar case (see http://hbinfo.org/forum/viewtopic.php?t=6313 ), and whilst there are differences, the case law that was suggested for it (not really applicable in the case that it was suggested for I feel) looks like it could be your solution, take a look at CSHB/0606/2005, available at http://www.osscsc.gov.uk/aspx/view.aspx?id=1935

    Hope this helps


    I think that there are a couple of caveats on this:

    First, why has the tenancy been set up in the child’s name?

    Just because the agreement involves the child as a tenant in form it does not necessarily mean that this is the substance of the agreement.

    What is Social Services involvement?
    If they are providing help under the Children Act they may not be able to charge for the service anyway.

    Finally, does the child have capacity to contract? given the age and the fact that the parent is present there may well be questions to answer.

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