contrived tenancies

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  • #22859
    dp66
    Participant

    Hi
    Yes I know I shouldn’t use that phrase but have done so to keep things short.

    I am currently drawing up a quick reference guide on CT’s for our front line staff as we are getting loads of queries. I was merrily writing my notes and using various CD’s as examples. This is where I hit a problem.

    I took the quote
    1[quote:e8558583e2]. This is governed by regulation 7(1)(l) of the Housing Benefit (General) Regulations 1987:
    ‘(1) A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where-
    (l) … the appropriate authority is satisfied that the liability was created to take advantage of the housing benefit scheme [/quote:e8558583e2]….’

    from a decision and decided to make sure I used all the up to date reg numbers. I then discovered that this phrase no longer exists in Reg 9 and I suspect has not existed since the reg was rejigged back in 1999.

    Please can someone just reassure me that this particular phrase no longer exists and that it is now an inherant assumption in the non commerciality of a tenancy. I know that there is an opt out clause for some customers who can prove it was not to gain HB (reg 9(3) but this is the only mention I can find of the specific phrase “created to take advantage of the hb system”.
    Need to get this right as I am concerned that we are still quoting this wording in claims we are turning down.
    Hope someone can help.

    Debbie P

    #9912
    peterdelamothe
    Keymaster

    This is the new wording of reg 9:

    (l) in a case to which the preceding sub-paragraphs do not apply, the appropriate authority is satisfied that the liability was created to take advantage of the housing benefit scheme established under Part 7 of the Act.

    It is slightly different but I think the principle is more or less the same?

    #9913
    dp66
    Participant

    Thank you – couldn’t see for looking!

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