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Top Housing Benefit & Council Tax Benefit topic #1059

Subject: "claiming HB when renting a room from a former spouse..." First topic | Last topic
Sayo
                              

Welfare Benefits Case-Worker, Maidstone Citizens Advice, Kent
Member since
02nd Nov 2004

claiming HB when renting a room from a former spouse...
Thu 06-Jan-05 12:48 PM

i have a client who has been renting a room in a house that is owned and occupied by her ex-husband,but which is the former marital home.she moved in in 1999 and successfully claimed HB.at time she moved in they had been divorced for 7 years.now La have terminated clients HB claim.i have read commissioners decision ch/1205/2003 so feel that i cannot challenge the decision to terminate the clients claim.However,the LA are now trying to recover an overpayment of HB for the period 05/02/01-18/10/04 on the basis that the client did not notify them that she was renting the room from an ex-husband until she completed a renewal claim form on 05/03/03.the La only have renewal claim forms completed by the client going back to 01/02/01 and they have stated that this is why they are not trying to recover an overpayment from 1999,ie:prior to 05/02/01 they cannot determine whether the client did inform them that she was renting a room from her former spouse.client states that when she moved into the former marital home a VO called and she notified them that her landlord was her ex-husband.is there anybody out there who can offer me any tips,other than asking the La to use their discretion not to recover the overpayment,on how i can challenge the overpayment decision?All ideas gratefully accepted...

  

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Top Housing Benefit & Council Tax Benefit topic #1059First topic | Last topic