Housing needs and household members – nearly legal_ housing law news and comment changes to housing benefit

Housing needs and household members – nearly legal_ housing law news and comment changes to housing benefit This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property. Mr J’s mother and father had a joint tenancy of the two bed property. Housing benefit scotland On the death of Mr J’s mother, his father succeeded to a sole tenancy by survivorship. Housing benefit claim calculator Mr J had moved in in 1997 at the start of his parent’s tenancy.

Housing benefit form online In 2011, Mr J entered a civil partnership with Mr P Town. Single person housing

benefit allowance Mr J and Mr T lived at the property with Mr J’s parents, caring for Mr J’s mother during her ill health.

Private renting and housing benefit The mother died in 2012. Housing benefit login By late 2014, Mr J’s father became ill, and he died in May 2015. In March 2015 Mr T’s brother, Jake Town, had moved into the property, following the loss of his home. Child housing benefit Jake Town has complex health issues including brittle diabetes and frequent episodes of diabetic ketoacidosis necessitating emergency hospital admissions, and was looked after by Mr J and his brother Mr T. Following the death of Mr J’s father, the council served notice to quit, expiring in August 2015.

Housing benefit and council tax reduction form The Council’s allocation policy includes the following, where there is no statutory right to succession: If a tenant of the Council dies and there is another member of the household who does not have the right to succeed but who: Had been living with the tenant for the year before the tenant’s death (this does not include lodgers or B&B guests) or Had been resident and looking after the tenant for the year before the tenant’s death or Has lawfully accepted responsibility for the tenant’s dependants The Council will consider offering a new tenancy where the landlord is satisfied this is a priority when viewed in the context of other demands on housing needs in the area. Housing benefit calculator leeds If a new tenancy is considered, this could be either in the same accommodation or in suitable alternative accommodation.” Following both a consideration of Mr Jones’ position, then an appeal, the Council decided: In recognition of the fact that Jack lived in the property and was the main carer for his father rather than require him to seek his own accommodation, the Housing Needs Review Panel have agreed to make a direct let of a one bedroom property to Jack and his partner Philip. Housing benefit number stockport It was agreed that this would be within the Runfold or Saints area of Luton as this area is where Jack had resided most of his life.

How do i get housing benefit No provision was made for Jack’s partner’s brother as he had only moved into the property two months before the death of Mr. How do i cancel my housing benefit claim Peter Jones and was not considered part of the family unit. Council tax and housing benefit However, it was acknowledged that should he apply to be rehoused in his own right he could be given priority as he was threatened with homelessness and he therefore had a reasonable chance of securing at least a bedsit within social housing within a period of six months or could be assisted with a deposit in the private rented sector for the same. 24. Check my housing benefit claim The HARP failed to consider Mr. How long does housing benefit claim take Jake Town adequately: The HARP incorrectly decided that Mr. Housing benefit forum Jake Town should not be considered a permanent member of the household. 25. Housing benefit phone number The HARP set a threshold that Mr. Housing benefit new claim Philip Town and Mr. Check my housing benefit claim online Jake Town needed to be declared by the Claimant as residing at the Property for the purposes of Housing Benefit calculations.

How to qualify for housing benefit This set the threshold too high for the determination of whether either are members of the household. 26. Benefit housing for rent Further or alternatively, the HARP decided that Mr. Threshold for housing benefit Jake Town was not dependent on the Claimant and Mr Philip Town, despite this conclusion not being open to them on the evidence before them. 27. How much housing benefit Further or alternately, the Defendant failed to take into account adequately the Article 8 rights of the Claimant and/or Mr. How much does housing benefit pay Philip Town and/or Mr. Housing benefit form online uk Jake Town by adopting a construction of Article 8 rights which was too narrow and did not recognise that Mr. Housing benefit calculator edinburgh Jake Town was a member of the Claimant’s family.

The council’s policy was clear. Where to send housing benefit form Jake would not be regarded as part of the household as he was an adult and had not resided in the property for a year before the tenant’s death. On the engagement of Art 8, Kugathas v The Secretary of State for the Home Department [2003] EWCA Civ 31 was followed, per Seldley LJ: “Mr. Is housing benefit paid weekly Tam relies in particular on the Commission’s decision in S v United Kingdom (1984) 40 DR 196. Gov housing benefit At page 198 of the report, the Commission said: “ Generally, the protection of family life under Article 8 involves cohabiting dependents, such as parents and their dependent, minor children.

Who can get housing benefit Whether it extends to other relationships depends on the circumstances of the particular case. What housing benefit can i get Relationships between adults, a mother and her 33 year old son in the present case, would not necessarily acquire the protection of Article 8 of the Convention without evidence of further elements of dependency, involving more than the normal emotional ties.” This, while it is not black-letter law, sets out what I would accept is a proper approach.” This was not an exceptional case.

Housing benefit information The medical letters provided in support of Jake had not said that he would be incapable of living independently. While a later letter did make that assertion, on the basis of Jake’s diabetes, the Council’s position on Jake was sufficient to allay those concerns: • In my view, the HARP was entitled to form the view based upon the G.P.’s letter that the real risk to Jake Town would be if he were made homeless. Savings threshold for housing benefit In that regard I pressed Mr Birks as to the Defendant’s position as to Jake Town’s accommodation. Housing benefit calculator uk 2015 He told me that if as a result of these proceedings the Claimant and his partner go into one-bedroom accommodation, and if in those circumstances Jake Town were to take up accommodation in the living room of that one bedroom accommodation, the Defendant would be obliged to consider any application on behalf of Jake Town for accommodation as a homeless person.

Housing benefit forms In such an application Jake Town would have to show that he had no accommodation reasonably available to him. Claim for housing benefit online Living on a sofa in the living room of a one-bedroom flat would not in itself prevent him being regarded as homeless. • Clearly, that is far from being a copper bottomed guarantee of how the Defendant would treat an application for accommodation as a homeless person, but it is, in my view, sufficient to answer the concerns expressed by the G.P. • In my judgment, the HARP was entitled on the evidence before it to take the view that Jake Town’s medical condition was not sufficient to render him a dependent member of the family of the Claimant. While ‘in a better world’ the provision of a two bed property would be desirable, the pressures on housing stock are what they are. How often does housing benefit get paid Claim dismissed.

I’m not sure that the court quite grasped the significance of the Council’s statement in respect of Jake’s homeless status. What is housing benefit run on For anyone involved in homelessness who is not a High Court Judge, it is a pretty clear statement that they would not regard Jake as homeless unless Mr J & Mr T threw him out. Housing benefit helpline In short, not only would Mr J & Mr T have to leave their home for a one bed flat, but would have to throw out Mr T’s severely unwell brother for him to have any hope of homeless assistance from the council. But, as the Court effectively observes, that is where we are. Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London.

Twitter. Can i apply for housing benefit online Known as NL round these parts, and still is Nearly Legal on Google + View all posts by Giles Peaker → It’s really awkward. Call housing benefit I’ve worked for a local authority where we used our discretion to allow family members to stay in the family home when they technically have not had a legal right to succeed the tenancy.

Housing benefit and council tax support Similarly we refused such cases even when they’ve seemed totally genuine. Benefit housing It’s always a difficult call. Housing benefit and council tax reduction form You wonder had Jake been residing there for 6 or 8 months whether they would have made the same decision.

Contact housing benefit Like you say Giles, the court certainly missed the significance of the council’s statement. Housing council tax benefit They’re only going to count him as homeless if he “apply to be rehoused in his own right” (i.e. How do you qualify for housing benefit if his brother kicks him out). Housing Law Practitioners Association – Legal Aid housing specialists list Disclaimer The purpose of this blog is to provide information and discussion. Housing benefit when working Nothing on this blog should be relied upon as a substitute for legal advice from a qualified solicitor regarding any actual legal issue or dispute. Am i eligible for housing benefit Nothing on this website should be construed as legal advice or perceived as creating a barrister/solicitor-client relationship.

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