I have a client who has a joint mortgage with her mother. (Mother receives A/A) The client had an anurism, which left her wheelchair bound and paralysed down her left side, with weakness on her left. This meant that after being hospitalised she was not able to return home. She initially went into a residential placement, then into an independent placement with 24 hour support, this closed and she is now in a further 24 hour project (with tenancy) until adaptations could be made at her property.

She is ILF funded, pays a mortgage, and an endowment. Mortgage relief has been applied for.

Housing Benefit have refused payment under Regulation 5 para (1) and (2).

Is there any way around getting some H/B owing to circs.

Any help would be appreciated. thanks Jean

It looks like the authority are claiming that your client's "normal" home is the one she shares with her mother. Looking at the CPAG analysis to Reg 5, it quotes Herbert v Byrne (1964), R v Penwith DC ex p Burt (1990) which cite factors to consider such as "where the claimant regards the centre of her existence as being and where she intends it to be in the future" and "the amount of time that the claimant spends at the property compared to other properties".

From your post, though, it appears that it is impractical for her to return to the property as she shares with her mother and this factor is a major contributor to the decision that her "home" is the property that she currently rents.

My advice would be to appeal the decision (or at least ask the authority to reconsider).

If you haven't already, I'd also ask for a Council Tax Disabled Person's Reduction for the property that she rents based on the fact that she needs a wheelchair to get around the property.