Youth (19 but child benefit still in payment) liability for rent

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  • #39260
    karen501
    Participant

    I understand that from the age of 18, a legal tenancy can be held, however is this affected by the youth (19)still been classed as a dependant as Child benfit has not ceased.

    The scenario I have is, a mother and dependant case, where when Child tax credits ended due to dependants course ending in June 11 , the mothers tenancy was changed into a joint tenancy and the dependant became a joint tenant. However Child benefit did not cease until 05/09/11 and the dependant could not claim JSA until then. So for the period June to September was a 19 year old dependant with no income, but had a liability to pay 50% of rent.

    Reg 9 (g) does not apply as was never a non dep, so am looking at 9(l). His mother cannot get HB as her income is too high. Since he left education, she has lost Child Ben and Child Tax credits and says cannot afford rent, so joint tenancy created. As he will get JSA from Sept 11 would get LHA which will almost cover his half of the rent and from June to sept wants the claim paying on nil income. Rental liability created from June 11. What are your views re this liability being contrived to take advantage of the scheme ? Thanks

    #111515
    Anonymous
    Guest

    I would look at this as a case of rent apportionment rather than contrivance.

    We often see landlords who insist that when one of the tenant’s children has reached a certain age they must become joint tenant with their parent(s ). The logic is that apparently this gives the landlord more options for persuing rent arrears. There may be the odd case where contrivance comes into play, but that would require a degree of intimacy between landlord and tenant which I suspect is not an issue here.

    It seems to me that your claimant has found themselves unexpectedly liable for rent at the landlord’s insistence and has quite appropriately claimed HB.

    I would be asking how they are splitting the rent now that they are joint tenants. If the mother is still paying 100% that would mean no HB for the youth.

    #111517
    Anonymous
    Inactive
    #111525
    d-stainsby
    Participant

    See also https://hbinfo.org/forums/topics/liability-rent-child

    My view is that the rent should be apportioned 100% to the mother until the qualifying young person is no longer a qualifying young person and then able to claim JSA (and HB/CTB) in her own right

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