Tenant responsible for landlords child who is 16

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  • #39046
    andrewb
    Participant

    Am i correct in thinking that Housing Benefit can be paid in this case and does not fall foul of HB reg 9(1)(d)as the landlords child is not under 16 and therefore not defined as a child in the Regulations?

    #110658
    Kevin D
    Participant

    Assuming none of the other bars apply and the clmt is otherwise entitled, I agree with your analysis Andrew.

    #110661
    Andy Thurman
    Keymaster

    I agree too. I’m sure that 9(1)(d) would have had “or young person” if they’d thought it through but as it doesn’t…

    Commerciality is worth considering? The landlord will be/should be paying maintenance iro the YP which isn’t part of any ‘normal’ commercial agreement!

    #110665
    andrewb
    Participant

    Thanks for your responses. I will now consider the commerciality question.

    #110674
    bevowen
    Participant

    Also worth considering – when did the child reach their 16th birthday? If the claim was made around the same time, it could be contrived?

    #110736
    andrewb
    Participant

    It was made within the same month, very suspicious. Further questions need to be asked.

    #110737
    Andy Thurman
    Keymaster

    The claim being made around the same time might be because of a knowledge they couldn’t claim sooner – I would focus on whether the tenancy has just been created (and if the tenancy is older, I’d also want to know that rent had been paid.)

    #110739
    Kevin D
    Participant

    Taking into account all the preceding posts, all of the following appear to be open to consideration:

    1) is there a liability at all?

    If so,

    2) is the tenancy / agreement on a commercial basis? Or,

    3) has the LL lived with the clmt as a couple in that property at any time in the past, however briefly? Or,

    4) has the liability been created to take advantage of the HB scheme?

    #110740
    andrewb
    Participant

    Thanks guys i will give it due consideration.

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