Can the Housing Benefit Office Do This?

Can the Housing Benefit Office Do This?

16:34 PM, 23rd August 2012, About 12 years ago 29

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Readers QuestionsI have a property which I rent to my son who is on Housing Benefit.

He has several medical problems mainly brought on by the use of drugs in the past.

I had two other properties which I had let out before to claimants that were on Housing Benefit. One of which was sold and the other is now in the process of being sold.

When my son applied for Housing Benefit, all the info relative to him being my son, was declared.

To keep him on the path to recovery, I have subsidised him for food and also to purchase materials for work that needs to be done on the property.

The Housing Benefit office asked for three months of my bank statements which show some cash payments from mine to his bank.

The Housing Benefit office are now saying “I have cancelled benefit as you have supplied us with bank statements for the account that we pay Housing Benefit into, these statements reflect Housing Benefitpayments being issued and then payments being transferred to your son’s account”

The Benefits office are claiming the whole of the amount for the time that he has been there which amounts to £3587.49.

Yes, I support my son, if I didn’t, he would be on the streets and a far greater burden to the tax payer.

I cannot have him living at home as my husband is disabled and we do not have the room.

What do I do now, do I give him notice to quit?

Are they able to do this or is there anything I can do? Some advice needed please.

My name is Annette Cranstoun – I have delved into the letting property market and found it more trouble than it’s worth. At one point I had three properties let out. One of them was no trouble at all with a very good tenant, albeit on Housing Benefit. The other 2, there was always a problem catching up with the rent arrears and to get them moved on was very costly.

Thanks in advance for your comments/assistance.


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21:40 PM, 24th August 2012, About 12 years ago

Yeah you are so right with your contentions.
I think perhaps a kneejerk reaction from the council; but you can't blame them They have to preserve monies from false or incorrect claims.
Councils tend to shoot first and ask questions later.
As you suggest it might be proven that those monies were used for improvements etc.
It will cause loads of hassle to validate, especially on a monthly basis.
The best thing is for Annette not to support her son anymore via bank transfers.
Nothing to stop her taking him shopping or buying stuff for him and having it delivered to him.
Or popping round to see him bringing little 'gifts'
There are many ways a mother can look after a son's welfare without needing to transfer funds into his bank account from hers or anyone elses account.
By the sounds of it a bit of personal attention for him would be the best thing she could do for him.
I'm sure both parties would appreciate it.

Annette Cranstoun

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23:46 PM, 24th August 2012, About 12 years ago

I'd like to thank you all for your help and advice. It would appear that I have no redress and just have to take it on the chin.

Annette Cranstoun

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0:51 AM, 25th August 2012, About 12 years ago

The reason stated for cancelling the HB are as follows: " I have cancelled benfits as you have supplied us with bank statements for the account that we pay Housing Benefit into, these statements reflect HB payments being issued and then payments being transferred to your son's account. From these statements it does not appear that an exchange of rental payment is required in order for James to occupy this property".
I have contacted a solicitor who advised me to go to Citizens Advice as he said the costs would be very expensive.
It would appear that I have no redress and will have to deal with it the best way I can.

Mark Alexander - Founder of Property118

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1:58 AM, 25th August 2012, About 12 years ago

Hi Annette, were you not transferring the benefits payments into your sons account so that he had the money to decorate and fix small problems around the house (that being cheaper than paying a professional contractor) or have I just dreamt that? Must admit, I have been for an afternoon nap since we spoke on the telephone (late night last night!) so it could have been a dream based on Zeeblebums question and our conversation. Whichever it was, I wish you luck 😉

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3:36 AM, 25th August 2012, About 12 years ago

What about some time ago your son lent you a largish sum of money and you have been gradually been repaying him back.
Only problem with that is it would need to be under £3000
Complete a promissory note from you to him acknowledging your debt you owe him from when you made payments into his bank account.
He would not have to declare any amount under £3000
The amount in excess of £3000 you will have to repay.
They have to prove that he never loaned you the money; pray tell how, you have a legally signed promissory note.
If they ask where did he get such a sum of money to lend you years ago, his gran gave it to him and he helped you out in difficult times didn't he!?.
Obviously because of the situation you will never be in a position to assist his domestic circumstances whilst he is in receipt of benefits ever again, will you?
If this makes you an ostensibly harsh and unfeeling mother then so be it.
That is the face of you that the council will see, isn't it!?

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4:41 AM, 25th August 2012, About 12 years ago

Only slight problem is undeclared employment, tax, NI etc, etc, etc, etc.
But if just as a tenant works were done in exchange for reduced rent years ago, your dream may not have been one!!!!?

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8:08 AM, 25th August 2012, About 12 years ago

Some years ago a friend of mine who lives in Peterborough let a property he owns to his son and two friends. The friends made a claim for housing benefit which was granted.

In view of this, the son made a similar claim but did not realise he was supposed to declare that he was the son of the landlord. After a while the council found out and both the son and landlord were prosecuted. They were both sent to prison for circa 3 months.

Ben Reeve-Lewis

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10:13 AM, 25th August 2012, About 12 years ago

Yeah you are right Zeeblebum. I have made an assumption here. Annette Zs advice is correct. Play it by the book and HBs assumptions about the source and reason for the money being in the account can be challeneged

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12:21 PM, 25th August 2012, About 12 years ago

FROM SHELTER:

If you live in a property owned by a family member and pay them rent,
you may be entitled to housing benefit. The council will want to take a
detailed look at your agreement with your landlord. You won’t get
housing benefit if:

you're not paying rent on a commercial basis the arrangement has been set up to take advantage of the housing
benefit system – this is called a ‘contrived tenancy’. For example, if
your landlord only asks you to pay rent when you are not working (and so
are eligible for housing benefit), but not when you are working (and
earning too much to qualify for housing benefit), this would be a
contrived tenancy.

You can certainly get HB for prop owned by family member as OP clearly did !

Mark Alexander - Founder of Property118

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14:28 PM, 25th August 2012, About 12 years ago

Wow! Wrongful imprisonment it would appear from what you have said so far. Please ask these people to get in touch with me. I'm not that far from Peterborough and I work with a criminal lawyer who may be able to help. Please email me at work malexander@leathesprior.co.uk

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