Swapping claimant to bypass 9(1)(h)

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 6 posts - 1 through 6 (of 6 total)
  • Author
    Posts
  • #44707
    dgeeson
    Participant

    Scenario

     

    Mother and nondep son – HB refused under 9(1)( h ) as she sold her house to a 3rd  party and rented back . We may not have checked out the background in full but quickly refused and no appeal received.  Instead we receive a new claim from her son as the tenant, her as non dep and a new tenancy agreement in his name from the date the property sold. 

    Is this now a straight refusal under 9(1)(l) as contrived to bypass the mother’s refusal or what else do we need to know.

    #126054
    Mike Bailey
    Participant

    First thing to consider would be whether there is actually a rent liability. Has the mother’s agreement been properly terminated because if that still exists landlord could not have granted another tenancy to the son. If you accept that then Reg 9(1)(g) (prev a non-dep) should also be considered.There is an exception if claimant satisfies you that creation of liability was not intended to take advantage of the scheme. Would be appropriate to ask them why they have changed roles before making any decision.

    #126068
    Anonymous
    Guest

    What was the reason that she sold the property?

    If it was because she could not continue to occupy the dwelling without selling it, then reg 9 (1) h does not apply and she is entitled to claim Housing Benefit.

    #126069
    dgeeson
    Participant

    As I say we have not fully investigated the reasons behind the sale and as she may have had a case. She did not appeal the decision just got the tenancy put into her son’s name to bypass the refusal.

    Just checking if it is now contrived as a claim for the son or without an appeal should we look into the original decision and if it has merit get her to change the tenancy back again into her name.

    #126072
    Anonymous
    Guest

    A tenancy can be surrendered at any time as long as the LL and the tenant agree, so as far as son being liable I do not think there will be a problem with the legality of that.
    I also do not think that contrivance is necessarily an issue. She was told she could not get Housing Benefit and so her son who lives with her anyway made a claim with her as the Non-dependant instead of the other wsy around, and they may well have been advised to do this.

    I believe that you need to start again from the beginning – establish the reasons for the sale and therefore whether she falls foul of reg 9 (1) h, if she is entitled to claim then she needs to be given advice as to who shoud claim – her or her son.

    #126074
    Anonymous
    Guest

    A tenancy can be surrendered at any time as long as the LL and the tenant agree, so as far as son being liable I do not think there will be a problem with the legality of that.
    I also do not think that contrivance is necessarily an issue. She was told she could not get Housing Benefit and so her son who lives with her anyway made a claim with her as the Non-dependant instead of the other wsy around, and they may well have been advised to do this.

    I believe that you need to start again from the beginning – establish the reasons for the sale and therefore whether she falls foul of reg 9 (1) h, if she is entitled to claim then she needs to be given advice as to who shoud claim – her or her son.

Viewing 6 posts - 1 through 6 (of 6 total)
  • You must be logged in to reply to this topic.