Treated as liable or not ?

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  • #23385
    mitch2105
    Participant

    Urgent replies required please !!!!!!

    I have a case where the tenancy was transferred Feb 2006 to the claimant as the partner died. She herself, at the time suffered from severe dementia and was in and out of care (not permanently at this time). The daughter moved into the household to care for her soon after. It has now come to light the the claimant has taken up permanent residence at a care home and the care home have confirmed this in writing which they confirm was effective from Feb 2006. The family have advised that they bring the claimant home at weekends.

    Initially with this information coming to light, benefit was cancelled as soon as we knew she had taken up permanent residence at the care home. Council tax awarded exemption also at this time. Now council tax have reinstated her liability as they state as far as they concerned, she is still liable as she resides in the dwelling 2 days a week.

    I have contacted DWP who advise that they have her residence as the care home effective from Feb 2006. Attendance allowance has recently stopped although retirement pension and pension credit are still in payment.

    The family advise that all the money she gets goes towards costs for the care home; however, they are looking for benefit to be paid at her property which the local authority acts as landlord. ie she has a rent liability at present also.

    Can anyone advise the course they would take with this case??

    an urgent reply would be greatly appreciated.

    many thanks.

    #12283
    mitch2105
    Participant

    Anyone help me out here please !!

    urgent assistance required

    thanks

    #12284
    Anonymous
    Guest

    Horrible decision to be faced with, but from what you say I cannot see how the Council property is still her normal home and I think the HB claim has to be disallowed.

    I think CTB is OK – Reg 8 of the CTB (persons who have attained…) Regs says that a person is not entitled to CTB on any day when s/he is absent from the dwelling, except during periods of temporary absence as defined in Reg 8. The absences from the dwelling are indeed temporary according to that definition so as long as she is the liable resident she is entitled to CTB.

    #12285
    Darren W
    Participant

    You mention that the daughter moved in to the property to look after her, does the daughter still live there full time? If so could she not be counted as liable (Needs to make payments in order to reside in the property)? Then depending on her income if she qualifies you could backdate the claim until Feb 2006.

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