Housing Benefit & adult children

[Cantfindansweronline]

I’ve been going round in circles with this one and can’t find an answer online so hoping someone here can help…
so I live in a private rental, due to low income single parent I’m claiming HB (one young son at home and I’m still on legacy benefits)
my adult daughter has now returned from Uni and is in the process of applying for unemployment UC (old JSA element) whilst job hunting.
so my question is I’ve been led to believe she can apply for HB element of UC because when we moved in she was 18 so the landlords agent insisted we were both on the tenancy agreement (so joint tenancy) even though she was still in college at that point
but looking online it all says if your renting from parents you can’t… but now she’s living with me will I lose half my HB?!

Just to add she’s not named on any bills, utilities or council tax and has never contributed towards household costs

but now she’s living with me will I lose half my HB?! it'll be £18.10 per week

No you will though be expected to charge your daughter rent, as a non dependant there is a table to show how much rent you should/could be charging your daughter as a non dependant - of course you don't have to charge it if you don't want to - but HB will deduct the money

Less than £162 - weekly deduction of £18.10 per week
Between £162 - £235 weekly deduction £41.60 per week

No she can't claim housing element as she lives with a parent. If she is 21 plus your housing element will be reduced and she will be expected to make up the difference. If she is under 21 your UC housing element will stay the same. - (For people still in receipt of housing benefit this deduction starts at 18.)

If she is a joint tenant on your tenancy agreement, then you'll be liable for half, and so will she.

She'll declare her housing costs to UC, they'll need proof of the tenancy and proof of address.

You will need to inform housing benefit of the change as you'll be liable for half the rent.

You don't need to charge her rent and your benefit won't reduce due to her being a non dependent over the age of 21.

Sorry missed the part that she was a joint tenant. Your dd will only get the shared room rate from UC so that is highly likely to be quite a bit less than half of the rent. Wasn't the best idea to go with a landlord that had made you joint tenants.

Unfortunately I had no choice, old landlord sold up and I was about to be evicted.
this tenancy was sorted through a well known reputable estate agent who assured me it’s a normal practice🤷🏻‍♀️

If your daughter is a joint tenant and she has moved back in you need to inform the HB office of this (and specify that she’s a joint tenant not just a non dep).

you aren’t entitled to claim 100% of your rental liability whilst the joint tenant is resident in the property.

Oh I see I don't think it is that normal when it's your child but I guess it's up to the landlord. Just to clarify by shared room I meant a room in a shared house not that she should be sharing a room. You can look up the LHA rates for your area on the council website.

yes I’ve told HB she’s moved back home and am waiting on them
so if I’m understanding it correctly I’m thinking-
i claim HB for 50% of the rent up to the full LHA
she claims HB part of UC for 50% of the rent (but because she is under 35 she will only get the shared accommodation rate which is less than the LHA)

It's housing element not to be confused with HB as rules are different and you might get confused when googling. But yes that is correct.

That is correct. Your DD will get the room in a shared house rate. You can check what that rate will be.