JSA/IS for 16/17 year olds

Hi all,

Just hoping to clarify whether I’m working along the right lines with this one.

I’ve been advising a client re. deduction in DLA entitlement, and subsequent loss of CA for partner, and joint-IS claim, when they informed me of another situation:
- They have cl 17 yr old sister living with them (they have just moved into new privately rented acc, the sister has been included on tenancy).
- The sister is 19 weeks pregnant, and has been thrown out of her family home. She is not working and not in education, and CB claim has finished. Client says she has been told she would not be entitled to any benefits.

As far as I can establish, the sister should be entitled to I-JSA, and IS upon 28 weeks of pregnancy. She should also make a seperate claim for HB/CTR, as she is not part of the client’s household.

Just wanted to check I’m on the right lines, any help would be gratefully received ;)

Hi Charlotte

under 18 its normally a Hardship Direction which means the full family income could be taken into account and they can look at her outgoings also. IS at 28 weeks as normal. My advice would be to progress the JSA Hardship Direction asap so this process is at least underway?

cheers

For the purposes of housing law, in England and Wales a minor cannot hold an estate in land so if she is on a written tenancy agreement as a joint tenant then HB might call that agreement into question.  However, interests in land (that are not required by the Law of Property Act to be in writing - i.e. tenancies of less than 3 three years) are determined primarily by the facts and the legal relations between the parties and not by written agreements (Street v Mountford).  Written agreements can codify those things but they are not necessarily determined by them.  But that does not mean that she cannot have a licence to occupy but that might have to be granted separately by the landlord unless someone can hold her estate in land on trust for her until she reaches 18.  Whetever her situation is, there should still be a tenancy between the two adults and the landlord.  The other possibility is that all three of them are joint licensees.  You might want to talk to a housing lawyer for clarification.

Part in brackets in second sentence inserted for clarification.

Under 18s aren’t liable for Council Tax, so no need for CTR yet.