Hello - I know - it's Friday - sorry!

My client has converted an annexe for use by his mentally ill son - would like to know if can claim HB - I have advised he needs to show that the annexe would be let on a commercial basis - but as this is a new conversion there is obviously no history to support this - does anyone have any ideas about convincing DM's that this would be the case?

PS If the client's son could claim HB for the annexe, would he then be able to claim SDP on the basis that he was now 'living alone'?

Any help much appreciated

Playing devil's advocate, one question in particular springs to mind.

Would your client be charged rent if HB wasn't available?

good question - I'll raise it - thanks

Dont worry too much about whether the client would be charged rent if HB was not available. I work for a housing association and if HB was not available to the HA's tenants I would quite likely be out of a job. The HA depends on HB as a matter of course as part of its revenue stream

The fact is that someone needs to finance the conversion and if tha tperson needs to claim HB in order for the landlord to recoup the costs, there will be nothing wrong in that and HB should be paid

If the accommodation is self contained the SDP should be awarded

Useful Commissioners decisions addressing the issue include R(IS)11/98, R(IS)17/94, CH/0296/2004 (father renting to autistic child) CH/2329/2003 (father renting to daughter) CH/1097/2004 (renting out a room to aid friend in crisis)

R(H)1/03 outlines the gerneal principles involved

thank you all very much