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HB overpayment-help with case law please?!
I don’t think the previous HB claim (where he allegedly stated he was a boarder /lodger) when he was in fact married to the deceased should affect his right to succession to the tenancy. As the deceased legal spouse he has an automatic right to succeed to the tenancy through survivorship. The Housing Dept should not base their decision on a Housing Benefit decision. Get him a decent housing lawyer to sort out the succession issue.
Alan
Housing officer & benefit advisor ( 2 jobs 1 employer!)
QUITE… but he cant have it BOTH ways. He cant be a partner and a boarder at the same time.That is why it needs to be thought through. What is the priority?
Hello everybody and thank you for all your help. Sorry i have not had chance to reply before; i was off last week and this week has been so busy only had chance to log on to the discussion forum yesterday. Anyway the good news is that the client has been signed up as a secure council tenant on the understanding that he moves to a smaller property, as he is in a two bed, but that is fine as he wants to move to a one bed sheltered place anyway; he is band B so should be rehoused in the foreseeable future hopefully.
The LA have confirmed they want him to pay £13.20 a week towards the arrears (and it has already been confirmed they are not going to take any further action) so the only issue now is the underlying entitlement issues that have been raised in terms of the overpayment; i might well phone the Newcastle Law Centre to discuss this issue AXM if you don’t mind? Can i ring you sometime Mon or Tue please?
To everybody thank you and have a fab weekend!