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Top Housing Benefit & Council Tax Benefit topic #6683

Subject: "HB on 2 (3) properties" First topic | Last topic
suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

HB on 2 (3) properties
Mon 09-Jun-08 08:52 AM

I'm unsure on this one because of the circs.

Two lone parent sisters both currently have separate social housing tenancies. One sister is the victim of sustained domestic violence and needs to move away from area. Other sister moving with her as she really needs support for the move to be permanent.

They've found a property large enough for all of them and will therefore be moving into private accommodation as joint tenants. They have to move quickly and can't give notice to their respective landlords.

Will they both have entitlement to HB for their two current properties for the same period as for the new tenancy?

  

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Replies to this topic
RE: HB on 2 (3) properties, jmembery, 09th Jun 2008, #1
RE: HB on 2 (3) properties, suelees, 09th Jun 2008, #2
      RE: HB on 2 (3) properties, jmembery, 09th Jun 2008, #3
           RE: HB on 2 (3) properties, suelees, 09th Jun 2008, #4

jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: HB on 2 (3) properties
Mon 09-Jun-08 10:30 AM

The sister who is fleeing domestic violence will be able to claim HB on both properties for up to 52 weeks as long as she intends to return to her former home.

The other sister will be able to obtain HB on two properties for up to 4 weeks if she “could not reasonably have avoided” liability on both properties.

There is no additional limit or restriction placed on either case just because they are both moving to the same new property.

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: HB on 2 (3) properties
Mon 09-Jun-08 10:52 AM

My post was really to ask opinions as to whether they'd be treated similarly because of the circs.

The one fleeing DV should get it on both props for 4 weeks (she has no intention of returning) but wasn't too sure about the other.

I'm concerned the LA wouldn't do it for the 'supportive' sister but I was hoping to persuade them she has no option but to move with her sister.

  

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jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: HB on 2 (3) properties
Mon 09-Jun-08 12:46 PM

Well, the supportive sister would not be treated as absent due to fear of violence (I don't think that was what you were suggesting anyway), so it all comes down to the "reasonable" word.

From the limited information in your post, I would guess that my LA would interpret the situation as the supportive sister could not reasonably have avoided liability on both dwellings as she was required to move quickly to facilitate her sister's escape from domestic violence.

However, I can certainly see that, if the situation was not clearly explained in some detail the decision could go the other way.

I am not aware of any CDs etc covering a comperable situation.

Jeff

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: HB on 2 (3) properties
Mon 09-Jun-08 02:46 PM

Thanks for that. I'll ensure the full circumstances are brought to the LA's attention.

  

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Top Housing Benefit & Council Tax Benefit topic #6683First topic | Last topic