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housing headache
- stella
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5 years 4 months ago #242790 by stella
housing headache was created by stella
Can someone please help me; I have for years been renting my brothers flat, unfortunately he had to leave where he was living and so moved into the flat (1 bed flat), this prompted the housing benefit to be cancelled. Neither of us can afford to move into private rental.
He now wants to sell the flat and move elsewhere; I contacted benefits to ask what my options are. Apparently upon registering my 'homeless' state, they will look into whether I could qualify for a 'deposit loan' although based on info they have its highly unlikely I've been told, also they will be questioning why my brother wishes to sell and why he would not be able to help me out. No chance of council housing (13 year wait).
Have also been told by benefits that any future housing benefit claim will need to be made via Universal Credit, this would mean automatic cancellation of ESA and DLA benefits whilst my UC claim is looked into; If this is correct I guess I'm to live on air.
Also they state I'm on wrong benefit anyway (ESA support group). Should be on UC although when looking into this I notice on gov. website there is a 'new style ESA benefit as well'.
I really could do with some help, my head is spinning from all this info, been to CAB but it turned out to completely wrong advise.
Can they force my brother to help house me elsewhere using monies from flat sale? Will I loose all my benefits if I do re-apply for housing benefit and have to claim UC? Also, as an option to all this my brother and I are looking into sharing a rented property, if we became joint tenants could I claim housing benefit for my share of the rent or would they again expect my brother to keep me? Due to health reasons he is now semi retired, living on what little the 0 hours contract work provides and a small amount from private pensions;
as well as my benefits I do get a small amount from working 2.5hrs per week, long term illness prevents any chance of increasing that, hence the alternative option of joint tenancy being considered.
Thanks for any help.
He now wants to sell the flat and move elsewhere; I contacted benefits to ask what my options are. Apparently upon registering my 'homeless' state, they will look into whether I could qualify for a 'deposit loan' although based on info they have its highly unlikely I've been told, also they will be questioning why my brother wishes to sell and why he would not be able to help me out. No chance of council housing (13 year wait).
Have also been told by benefits that any future housing benefit claim will need to be made via Universal Credit, this would mean automatic cancellation of ESA and DLA benefits whilst my UC claim is looked into; If this is correct I guess I'm to live on air.
Also they state I'm on wrong benefit anyway (ESA support group). Should be on UC although when looking into this I notice on gov. website there is a 'new style ESA benefit as well'.
I really could do with some help, my head is spinning from all this info, been to CAB but it turned out to completely wrong advise.
Can they force my brother to help house me elsewhere using monies from flat sale? Will I loose all my benefits if I do re-apply for housing benefit and have to claim UC? Also, as an option to all this my brother and I are looking into sharing a rented property, if we became joint tenants could I claim housing benefit for my share of the rent or would they again expect my brother to keep me? Due to health reasons he is now semi retired, living on what little the 0 hours contract work provides and a small amount from private pensions;
as well as my benefits I do get a small amount from working 2.5hrs per week, long term illness prevents any chance of increasing that, hence the alternative option of joint tenancy being considered.
Thanks for any help.
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- latetrain
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5 years 4 months ago - 5 years 4 months ago #242796 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic housing headache
Hi stella
There are a number of issues in your post in regards to housing benefit, unfortunately HB is not covered in this forum. I am a little perplexed as you state that your brother wants to sell the 1 bed flat that he has just moved into with you and then you talk about becoming joint tenants.
If you did become joint tenants then yes, you can claim HB for your part of the tenancy.
To sort out your housing issues, you would need to speak to an organisation such as Shelter;
Helpline 0808 800 4444, england.shelter.org.uk/get_help.
Your brother is not liable for your housing needs but he would have to go through correct legal channels to evict you, at this stage you would become a homeless person.
If you are in receipt of ESA support group what type of ESA are you receiving (IR or CB), did you receive any SDP whilst claiming ESA? What rates of DLA do you receive? These are some of the questions you need to answer before you can be given any advice.
If you have been to your local CAB I would return and ask them to clarify. You do not need to apply for UC if you are still in receipt of HB and ESA and move within the same local authority, If you already claim SDP then you would not be able to apply for UC.
If your HB has stopped and you are not in receipt of SDP then you would have to claim UC for the housing element.
Gary
There are a number of issues in your post in regards to housing benefit, unfortunately HB is not covered in this forum. I am a little perplexed as you state that your brother wants to sell the 1 bed flat that he has just moved into with you and then you talk about becoming joint tenants.
If you did become joint tenants then yes, you can claim HB for your part of the tenancy.
To sort out your housing issues, you would need to speak to an organisation such as Shelter;
Helpline 0808 800 4444, england.shelter.org.uk/get_help.
Your brother is not liable for your housing needs but he would have to go through correct legal channels to evict you, at this stage you would become a homeless person.
If you are in receipt of ESA support group what type of ESA are you receiving (IR or CB), did you receive any SDP whilst claiming ESA? What rates of DLA do you receive? These are some of the questions you need to answer before you can be given any advice.
If you have been to your local CAB I would return and ask them to clarify. You do not need to apply for UC if you are still in receipt of HB and ESA and move within the same local authority, If you already claim SDP then you would not be able to apply for UC.
If your HB has stopped and you are not in receipt of SDP then you would have to claim UC for the housing element.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 4 months ago by latetrain.
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- stella
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5 years 4 months ago #243049 by stella
Replied by stella on topic housing headache
Hi Gary,
thanks for your help it has clarified a few things; in answer I receive ESA (IR) although letter states I am entitled to both IR and CB but the amount of 128.45 is based on IR. Have never received SDP.. DLA is care component lower rate. HB has completely stopped.so future claims will be under UC.
When applying for UC do they look at the other benefits and put them all into UC?
The reason why we are looking at joint tenancy is because my brother does not like the area we live in (it has changed hugely since he brought it eons ago) and doesn't feel safe living here by himself, amongst other reasons. Renting somewhere together is only one option, we could support each other, continue to share the car etc...
thank you for your help and pointing me in the right direction at this difficult time.
thanks for your help it has clarified a few things; in answer I receive ESA (IR) although letter states I am entitled to both IR and CB but the amount of 128.45 is based on IR. Have never received SDP.. DLA is care component lower rate. HB has completely stopped.so future claims will be under UC.
When applying for UC do they look at the other benefits and put them all into UC?
The reason why we are looking at joint tenancy is because my brother does not like the area we live in (it has changed hugely since he brought it eons ago) and doesn't feel safe living here by himself, amongst other reasons. Renting somewhere together is only one option, we could support each other, continue to share the car etc...
thank you for your help and pointing me in the right direction at this difficult time.
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- latetrain
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5 years 4 months ago #243060 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic housing headache
Hi stella
As a brother and sister you would not be classed as a couple, if you rented privately or from social housing you would be eligible for a 2 bedroom property, your rental liability would be 50/50, I have come across this situation many times with siblings sharing a property.
You are not eligible to receive SDP as you are in receipt of DLA and get the low component of care, if you moved within the same local authority area you can still claim HB but if you moved LA areas then you would have to apply for UC.
Does your brother also claim any disability benefits? I would advised you to seek help from your local welfare rights centre as they can take all your circumstances into consideration when giving you any advice, we are quite limited in what we can say as we do not have all the facts.
Gary
As a brother and sister you would not be classed as a couple, if you rented privately or from social housing you would be eligible for a 2 bedroom property, your rental liability would be 50/50, I have come across this situation many times with siblings sharing a property.
You are not eligible to receive SDP as you are in receipt of DLA and get the low component of care, if you moved within the same local authority area you can still claim HB but if you moved LA areas then you would have to apply for UC.
Does your brother also claim any disability benefits? I would advised you to seek help from your local welfare rights centre as they can take all your circumstances into consideration when giving you any advice, we are quite limited in what we can say as we do not have all the facts.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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