Terms & Conditions

[swatts]

We recently refused a claim under Reg 9(1)(d).
An appeal has been received and we are reconsidering, but this Reg seems to be very black and white – no subtle shades of grey at all!
Background is: wife left former marital home and moved into private rent with the 2 children. We paid her (she didn’t declare a second ppty, but that’s another matter!) at that address.
Her husband then sold the marital home (she has yet to tell us her share!) and bought a ppty which he is renting to her, and has himself moved into a smaller rented ppty (he is not claiming HB).
HB has been refused as above. The reasoning seems to be that, as father of the children, he has a responsibility towards his children. Her grounds of appeal are that the rent is cheaper than the previous ppty (we are LHA anyway so that makes no difference to us) and that the kids are now closer to friends and school (the previous ppty was about 5 miles away).
Has anyone ever paid in this situation and for what reason?
PS – he has started paying maintenance to her of £200 per month!

[Mark]

I don’t see how the appeal can succeed. If the landlord is also the father of the claimant’s children 9(1)(d) applies so you can’t award. Not a rule I like though.

[Trevor Kenward]

Had similarish case a while back (under 1987 Reg rules)- former partner had legitmate rent liability with evidence of a few months rent paid when not claiming.
Whilst sympathetic Tribunal confirmed no HB could be paid.
It was suggested (though not sure by who) that if the property was let through a letting agency that the would not then come under the ‘former partner/responsible for child’ rule.
Presuambly any such action would then be suject to the contrivance rules?

[Kevin D]

The following CDs addressed this issue:

[b:09937557e9]CH/4003/2004
CH/3679/2002[/b:09937557e9]

4003 is in the caselaw section:

new.hbinfo.org.com/menu2a/cdliability/cdliability.htm

3679 will be added to the same section in the relatively near future. In the meantime, it is on the Commissioners’ website (www.osscsc.gov.uk ).

Regards

[Author]

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