Terms & Conditions

[mitch2105]

Scenario

Joint tenants – father and daughter.

Father receives child benefit for daughter (joint tenant) as she is 17yrs and currently a student at college?

Do we treat her as part of his household and count income?
Do we disregard completely as she is joint tenant & would obviously not qualify in her share of the rent as single student?

Advice please. Cheers.

[mitch2105]

Nobody have an opinion on this one????

cheers

[markp]

Sorry,

Just a question to put.

If the father is responsible for daughter due to getting CHB can she legitimately be a joint tenant with him?

I suppose you could give him 100% of the liability and calculate HB as sole tenant with dep. child. However, what about CTC (WTC if father is working as well)?

Hopefully someone may clarify this.

Do I know what I'm doing? The jury's out on that........................

[Anonymous]

If she’s under the age of 19 and is in further education, she falls into the category of students who are eligible to claim HB.

It would seem to be a bit of a peculiar result however to treat her as part of his household as a dependant child on his share of the rent and then determine a seperate claim for her on her own share of the rent.

Could you not assess the father on the full rent on the basis that they are jointly and severally liable (and therefore each liable for the full rent in its entirety)? Possibly you might justify this under Reg 8(1)(c)(ii) – if he has been paying the rent in respect of both of them.

If she has been paying her own share then you might want to consider inviting her to claim in her own right.

[Accura]

My understanding is that the daughter does not legally have to be on the tenancy agreement, I imagine this has been done if the daughter is due to turn 18 during the first period of the tenancy to protect the landlord in the event of rent arrears, if its an assured shorthold tenancy this’ll usually be 6 or 12 months.

The fact that she’s a student and the father receives chb for her, would suggest she should be treated as part of the household.

Tenancy agreements are rarely written with CTB / HB in mind so take it as it is, father and daughter living together.

[Author]

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