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Top Housing Benefit & Council Tax Benefit topic #7616

Subject: "Housing Council Tax Benefit for two homes" First topic | Last topic
pete c
                              

Welfare Rights Officer, Adult Social Care, Cornwall County Council, Truro
Member since
30th Oct 2008

Housing Council Tax Benefit for two homes
Fri 16-Jan-09 01:46 PM

This is rather unusual case and I would be grateful for any advice.
Clients are a couple who live in a house which they own outright. They are on Income Support and therefore get full CTB.

Due to a serious (and probably life limiting) medical condition it is not possible for one of the couple to remain at home, it isn't practical to adapt the house to meet his care needs.

They are considering a move to social housing but do not want to sell the house that they own as one partner wishes to return to it after the other passes away. It may be possible that the value of their original home as capital can be ignored under Sch3,Para3 (11) IS Regs as they could be treated as still living there.This may safeguard their Income Support

They can obviously get CTB for the house they own but what about CTB and HB for the social housing., it would mean that the CTB would have to be paid for two homes and the HB for a home other than the one that they live in. There is a good deal about HB for two homes in the various books but nothing that covers this unusual situation, especially as it islikely to continue for a number of months.

Any thoughts or advice would be gratefully recieved.

  

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Replies to this topic
RE: Housing Council Tax Benefit for two homes, Tony Bowman, 20th Jan 2009, #1
RE: Housing Council Tax Benefit for two homes, pete c, 22nd Jan 2009, #2

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: Housing Council Tax Benefit for two homes
Tue 20-Jan-09 12:57 PM

I'm afraid I don't have time to do the research, but since it's been a few days since your post, here are some initial thoughts (which might not be correct).

If, as you suggest, the capital value of the house that isn't being occupied as the home can be disregarded, then continued receipt of IS deals with the capital issue for HB/CTB.

HB. So long as they are living in the home for which they are liable (rented) and the client receives IS, cannot think of any reason why HB would not be payable. I think I would be checking the liability rules; especially those that consider circumstances where someon is treated as, or as not, liable.

CTB. I'm pretty sure CTB can only be paid on one property at a time. If this is the case, then perhaps consider CT liability/discount issues on the owned property.

Hope this helps, or least gives you a starting point.

  

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pete c
                              

Welfare Rights Officer, Adult Social Care, Cornwall County Council, Truro
Member since
30th Oct 2008

RE: Housing Council Tax Benefit for two homes
Thu 22-Jan-09 08:25 AM

Thanks Tony,

As you say it gives me a starting point.

I feel will need research some legislation in case I need to quote it a sceptical local council. The one in question is usualy pretty good but it is very unusual plan and it would be better for all of us if we have some clear legisaltion that allows payment.

thanks again

Pete.

  

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Top Housing Benefit & Council Tax Benefit topic #7616First topic | Last topic