Client left the family home(sole secure tenant) 6 months ago after fleeing domestic violence, moved into a refuge. Social Services said no contact with husband and not to return until she was safe, children have been on the child protection register in the past.

Client, via refuge, requested housing benefit continue as she intended to return. LA stated that she is not entitled to housing benefit on two properties as husband has been residing in the family home. Housing benefit has been cancelled. She has been told to pay back an overpayment for the first 8 weeks when HB was in payment.

We are now in the process of assisting her to obtain an occupation order and non-mol. She will return to the home once these are in place. Social Services have said that she must not return prior to obtaining orders.

I have looked at the regs and guidance, and cannot find any reference to a no housing benefit on both properties if husband in the property. Client has always asserted intention to return.

Have I missed something?

In principle, I see no bar to HB. Off the top of my head, there appear to be three basic scenarios:

1) the clmt is not liable to make payments (i.e. her name is not on the t/a). The LA may argue that your client has no liability and, as the (former?) partner continues in occupation, it is not reasonable to treat your client as liable.

2) there is a joint tenancy. 50% (or other appropriate percentage) is still possible.

3) the t/a is in the sole name of your client - but the (former?) partner would quite possibly be a non-dep.


My advice is to put a claim in (or appeal against the supersession ending benefit) asap and follow it through.

Regards