Hi all, I'm having another of those weeks when I'm posting a number of queries.

If client's estranged partner pays shortfall of rent directly to landlord is this counted as notional income for IS purposes?

I've had a look and it seems it would only be considered if husband's payments covered rent for which HB 'could' be payable. Client HB awarded in full but still a >£30 pw shortfall so as far as I'm concerned HB couldn't be payable. Waddya think?

Sue

I had a very similar case where client's father paid rent for her which was then taken into account as income for IS. I advised to claim HB (there were reasons why she didn't want to but that's another story) and for the father to pay the shortfall. Unfortunatly I never got the hear the outcome so I am about as much use to you as an chocolate teacup although I can only assume that no news was good news. My interpretation of the reg was the same as yours!

Does this case help?

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/1671.html&query=perkins&method=all

oh 'eck. I wanted to scan through it and something jump out at me. I should've known better. I'll have to wait until my head's clearer and I can take it in!!

Many thanks for bringing it to my attention though.

if helpful ... there's a summary of the case in rightsnet news @

Disregarding voluntary payments as income: Court of Appeal judgment

"if helpful..."? course it is. Thanks Shawn