50% liable or Non Dependant?

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  • #23234
    rd80
    Participant

    Help needed please,

    A couple previously living together as man and wife claiming jointly for IB, HB & CTB. They have now separated, but Mr is refusing to leave the house that Miss is the sole tenant of. (she has provided a ltr from her sols which confirms that she is taking further action).

    She has now claimed IS in her own right, and he has claimed IB also in his right. She has confirmed that he stays upstairs in the daytime, but does his own shopping, cooking and washing. She does not consider him to be part of her family household.

    We have treated this as 50% liability, your views would be much appreciated.

    #11573
    Anonymous
    Guest

    As she is the sole tenant I’d treat him as a non-dep.

    #11574
    David
    Participant

    On the basis that Mrs normally resides with the ex (for now), I’d agree with Martin.

    If I was dealing with this claim, I’d be unhappy to award benefit to Mr. on the basis of 50% liability, which is potentially the situation that you will have. (I’m assuming that he does not pay half the rent, which seems unlikely from the scenario described)

    #11575
    Andy Thurman
    Keymaster

    In addition to the above (agree, non-dep), assuming Council Tax a/c currently in both names, this would need changing (new a/c) to her sole liability.

    #11576
    Anonymous
    Guest

    He is not a joint tenant and so there is no case to decide a 50% liability, nor should you determine him to be a non dep if she is taking legal steps to get him out of the property.

    The former partner can not be said to be normally residing with the claimant. The situation is highly abnormal from the claimants point of view

    For authority see for example CIS/14850/1996 and CSIS/100/1993.

    The claimant should be awarded HB on the basis of her 100% liability, no non dep deduction, and on the basis of her being a single person getting a passporting benefit

    #11577
    rd80
    Participant

    Many thanks to you all! 🙂

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