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Housing Benefit, to claim it do you have to...

66 replies

Linnet · 19/03/2007 23:22

To claim housing benefit does the properties tenancy have to be in your name?

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ucm · 20/03/2007 00:29

Sorry to bang on, but it really might be worth talking to your local Mp's surgery (or whatever they call it). You have tried CAB already.

If this isn't feasible, your brother may have to get used to the idea of going into b&b with his child until the council house him again, which they will eventually.

ucm · 20/03/2007 00:29

Oo er, I think I just cross posted. Soz.

fortyplus · 22/03/2007 17:45

How did you get on?

Linnet · 22/03/2007 22:42

ok, brother was on the phone this morning and I was nagging him in a nice concerned sisterly way.

To cut it short, he phoned the council to see what the situation was and was passed to 4 different people, the last guy he spoke to was someone he knows from his football training. This friend checked the system and told my brother that a letter was sent to him on February 6th, which my brother didn't get. So his friend at the council told him to come down to the council building with proof of his income from around the 12th of January to now. So I took him down and watched my nephew while he went in and spoke to someone.

And he was told that the housing benefit would be backdated to 12th of February when his income support started, he said the guy he talked to, not his friend at this stage someone else, was really nice and helpful and he thinks it was because he knew that the council had messed up somewhere along the line. So the money should be going into his rent account tonight/tomorrow and it will be enough to cover the arrears plus make him a week in credit. He'll get a letter by the end of next week telling him exactly how much housing benefit he will be getting so he'll find out then if they will be paying all the rent or just a proportion.

So tomorrow morning he is going back over to the housing office to check his rent account which fingers crossed will be in credit and he's going to ask to speak to the housing officer to find out when he can sign the tenancy agreement.

Plus he also got his legal aid through today and a letter saying that his application for parental rights and responsibilities will be going through the courts asap!

So all in all it was a good day I'll keep you posted on the tenancy thing, I don't think any of us will really settle properly until he's signed on the dotted line, which hopefully should be really soon.

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SparklyGothKat · 22/03/2007 22:47

Thank god, so glad the council realised that they messed up and are backdating the HB.

fortyplus · 23/03/2007 15:42

That's brilliant he's getting the HB backdated - they must have messed up big time as I've never heard of a case where it's been back dated!

Hope it's a bright new beginning for him. Well done to you for your support - that makes all the difference.

Tortington · 23/03/2007 15:51

if your interested. until he signed ont he dotted line - he could force the council to get the arrears from the tenant. the official tenant - the ex.

as a major cow i would do this personally. i'd wait until they threaten to evict and ask them why they arnt persuing the real person. or rehousing him!

the judge with laugh heartily and say " council you stupid fuckers, get your act together"

Tortington · 23/03/2007 15:52

what eman is - he shouldnt have to pay her rent.

its her fucking rent - she should fucking pay it,

council dont give a fuckas long as its paid.

mumfor1standfinaltime · 23/03/2007 16:02

Hate this kind of story. This happened to a friend of mine. Her partner didn't pay the rent, the flat was in his name. He left her with arrears, 2 kids and an eviction notice.
She didn't have to pay arrears, but was re housed. Although it took ages and she had to live with her parents.

My sister made the mistake of giving up her tenancy and moving into her partner's parents house with 2 children. When things went wrong she was left on the street with no rights. She was given temporary accomodation and is still in it nearly a year later. She had no furniture or clothes - her partner kept everything - even the cot.

charliecat · 23/03/2007 16:06

When dp was made redundant we claimed HB, in his name as it was him that was on a pathetically low wage and so it was him that had to claim, but the tenancy is in my name only. The bills came to Me, but the housing benefit was paid Via him, who hasnt his name on the tenancy anywhere.
One rule for one, one for another.

Linnet · 23/03/2007 22:03

He popped over to the housing office today to speak to the housing officer. The HB money won't clear until tonight apparently at close of business but once it does the rent will be paid and my brother is happy with this. WE know that they are not his arrears and that he doesn't have to pay them but he's just so glad to have the money that means one more step towards getting the tenancy in his name he's not bothered anymore. He doesn't want to be evicted and then rehoused as he has a perfectly good flat in a nice area and he'd rather stay there if possible.

Anyway, the Housing officer told my brother that he won't get the tenancy to sign until the custody situation has been to court and custody has been permanantly awarded to my brother. AT the moment it's been awarded temporarily which was done while he waited on the legal aid coming through. So it should all be done within the next couple of weeks.

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Linnet · 23/03/2007 22:05

Charliecat that's interesting that your dh was able to claim housing benefit.

Years ago when my brother lived with us, about 9 years ago now, he lost his job and applied for housing benefit to help pay his share of the rent but the council wouldn't give him any as he was living with a family member.

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charliecat · 24/03/2007 08:18

Linnet if you live with family or friends and one person living there is earning enough to pay the rent than they have to pay it, I wasnt earning at the time so the household income was pathetic (£140 a week for 4 of us)
Glad your brothers nearly sorted

fortyplus · 24/03/2007 09:42

custardo - you have summed it up nicely! But - although it's clearly the council's fault this time - if you live in council property try to keep sight of the fact that the staff have rigid rules to follow and will often be far more on your side than you think. At least that's what I've seen where I work. Most of the TSOs and Recovery Officers are lovely - sometimes they are nearly in tears after having to tell tenants something they don't want to.

Tortington · 24/03/2007 22:37

i've rarely seen s sympathetic housing officer the culture of the organisation(S) i have worked for over 10 years rarely differ by much.

they like to hide their incompetance behing a tenant stereotype. its alright to fuck miss smith about the loud mouthed gobby 18 year old with 3 kids - shes complaining that shes got damp in her flat bloody cheek shes over 700 quid in arrears ( HB wont pay until you serve a NOSP in some council areas)

so they havent done a repair becuase they are incompetant - and justify it becuase shes in arrears which arnt her fault as the HB dept are so underresourced in some areas, they can only bloody pay the HB is you being threatened with eviction.

just an example - of the gross organisational cultures i have and still do work in.

Linnet · 10/05/2007 22:59

Update on my brother here, On Monday he signed the tenancy agreement for his flat It is now in his name and he's happy and I'm happy and it's finally all worked out ok.
The custody application still hasn't gone through the court yet but they took the letter about the legal aid and it was ok.

Thanks for all your support

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