My client is claiming Housing Benefit in his own right.
His ex wife lives with him for reasons of care. She is severeley disabled.
She lives in her own room downstairs with her own shower and toilet.
She claims income support/incapacity benefit in her own right and is a non dependant for her husbands claim to H/B.
His H/b has been suspended since July 2006. As he was in advance of his rent this only came to light before Christmas.
H/B advised they are waiting for DWP to make a LTHW visit.When i queried this with DWP they had only sent a notification to visiting section in December.
I argued that as my clients ex was still in payment of income support as a single person there was no change. H/B are adamant that they will not pay H/B till client is visited by DWP. DWP have not visited as yet .
My client will have to go to court through the incompetency of the DWP and H/B because of his rent arrears.
Is there anyway I can argue other than going to the Local MP?

Are they joint tenants or is he the sole tenant. Was she claiming IS prior to moving in with him or has she always lived there?

Are they actually divorced? The reason is that the LTHAW rules for married couples are partially suspended and the only thing that matters is whether they are living in the same household: so if she is a "non-dependant" but they are still married, that's taht. If they are divorced, then the normal rules apply.

I've certainly had a client in this scenario, except it's the man who is disabled, and since the divorce they don't seem to have had problems with DWP thinking they're living together. It was a lot more difficult before and in fact they temporarily separated; but he couldn't cope.

'The reason is that the LTHAW rules for married couples are partially suspended and the only thing that matters is whether they are living in the same household: so if she is a "non-dependant" but they are still married, that's taht'

However, it's important to remember that living in the same 'household' is not the same thing as just living under the same roof.

If IS is sitll in payment, the DWP decision must prevail. The LA have no grounds for superseding in these circumstances, other than that of a possible non dependant deduction.(£7.40 at most)

They certainly dont have grounds for a LTAHW decision, the burden of proof being on the LA.

I would send a JR pre action protocol letter to the Council's legal dept asking for HB to be restored as there are no grounds for continuing the supension

Thank you everyone for your advice. My Client is the named tenant. His ex wife moved back in after they were divorced.
The LA were taking into account Non/Dep deductions for his ex wife previous to ceasing payment.
Could I ask for an Interim Payment of H/B as it is not my clients fault or just write to the Legal Department?

Interim payments are striclty speaking only payable when a new claim cannot be determined. I would write to their legal department.

You may also find a decision of Mr Commissioner Mesher CIS/4234/2004 helpful. He held that a mere determination that a couple were living together as husband and wife was not of itself grounds to supersede a decison awarding IS.

From what you now say, I am evenmore convinced that thwe LA have no grounds to end the HB payments

The classic case for you of course remains R v Penwith DC ex p Menear(1991) QBD. It was followed by Mrs Commissioner Jupp in CH/2304/2004

and don't forget for JR there is a very limited period of time in which to get the application before the court .. three months from the date of the decision to be reviewed.