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Tenancy/death/benefits

jamrumples

I haven’t wrote here in a while, I’m in need of some advice. My mum has recently had a brain bleed caused by a tumour… likely to be glioblastoma.

She currently lives in a three bed house in which her grandson (not my child) lives, he’s 12… he will eventually become my responsibility.

We want for him to remain in this address and so we are thinking about me being added to her tenancy agreement along with my partner and my children. Because we live in a 2 bed and want for him to remain in familiar surroundings and also keep it because… it’s mums and has been for many years.

She is on esa with the spd… and myself am on… uc Lcwra. How would this affect her benefits.. our benefits.. council tax… everything please.

Thankyou.

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Comments

calcotti

Do you rent your home or do you own it? Does your mum claim benefits to help with her rent? Is her home privately rented or is it social housing?

jamrumples

I rent my home, she does rent her home yes it’s social housing- housing association. I will give up my tenancy to move in with her.

calcotti

I think your starting pint is to ask the housing association if they would be willing to add you and your partner to the tenancy.

The rent liability will be divided between your mum and you and you will be able to claim for half.

Mum will lose the SPD if you move in (unless both you and your partner also get a disability benefit).

She will lose her single person Council Tax discount but you may still both get Council Tax Reduction to help with the cost.

You said you get LCWRA in your UC. If you were to live together and mum’s SPD is lost your partner could claim the carer element for looking after her if she provides 35 hours of care. That would increase your UC entitlement.

jamrumples

Thank you, I will ask them. I get pip but my partner doesn’t. It’s all very confusing and upsetting. Is there nothing they can do considering the exceptional circumstances.

I wish this wasn’t happening.

poppy123456

Although you're claiming PIP because your partner doesn't then her SDP will end once you move in with her. Although the circumstances are exceptional it's the rules, which can't be changed.

jamrumples

Could only I move in and myself and my partner live separately? Meaning he remains at our address and I move in With my mum? Couples can live apart right? So then she doesn’t lose her SPD?

poppy123456

I really can't see the financial gain to doing that because then you'll have 2 lots of everything, rent/gas/electirc and all other bills and with the cost of living so high can either of you afford to do that?

calcotti

poppy123456 said:

I really can't see the financial gain to doing that because then you'll have 2 lots of everything, rent/gas/electirc and all other bills and with the cost of living so high can either of you afford to do that?

Quite apart from the impact on the relationship!

poppy123456

calcotti said:

poppy123456 said:

I really can't see the financial gain to doing that because then you'll have 2 lots of everything, rent/gas/electirc and all other bills and with the cost of living so high can either of you afford to do that?

Quite apart from the impact on the relationship!

Indeed. The cost of living in 2 different houses will far out way the cost of losing the SDP.

jamrumples

So how does it work then… me and my partner will still receive our own claim… my pip… and my mum gets her own but the rent is halved and she loses her single occupancy? Can you tell me how much I’ll come in each month.

poppy123456

jamrumples said:

So how does it work then… me and my partner will still receive our own claim… my pip… and my mum gets her own but the rent is halved and she loses her single occupancy? Can you tell me how much I’ll come in each month.

If you're named on the tenancy agreement then yes you'll be responsibile for half the rent. Yes, she will lose the single person discount on her Council tax.

Your PIP will continue as well as your UC with standard element and LCWRA element for you. There will also be an amount in there for your rent.

Your mum's PIP and housing benefit will continue but she will lose the SDP in her ESA. Sorry i can't tell you the exact figures because i don't know how much rent you pay or how much housing element you're entitled to,

I'd advise you to use a benefits calculator for both yourself and your mum. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=e3de21fb-b58a-46f4-a696-e8fb7b1d2f76

jamrumples

Do I have to have been on the tenancy for 12 months to be able to keep the tenancy if she was to pass before then I’m not sure what time we’ve got.

poppy123456

1 year doesn't always apply. However, some HA/council properties will only allow the tenancy to be inherited once. So if it was inherrited previously it may not be able to passed onto you. There's more details here. https://england.shelter.org.uk/housing_advice/council_housing_association/can_you_inherit_a_council_tenancy