Father living at daughters

[kloofnek]

Some of you may remember my posting regards to letting my Ex lodge at my house.
This about if our daughter who is on Jobseekers allowance ,a single parent with two children age 10 and 14 ..what would happen she let him move in with her,how would that affect her income?

Advice please?

[bednobs]

is she on contribution-based or income-based JSA?

[kloofnek]

Oh Lord,explain that to me please?

[kloofnek]

Just asked my daughter,it is income-based JSA.

[themas]

What do you mean by "she let him move in with her"? Many people would conclude this meant they were a couple - i.e. co-habiting. If that is what you mean, then her IBJSA claim would have to be re-assessed as a couple claim taking into account his income. The same would apply to any other means tested benefits - housing or council tax benefit.

If they would not be a couple - he was just a lodger - one issue that arises is what rent is he paying and who is he paying it to? If it is paid to your daughter then it is income which would reduce her IBJSA & any other means tested benefits. If she is getting housing benefit for rent paid to you & his rent is also paid to you then it could well be that the local authority would consider the rent your daughter pays you should reduce as she no longer has use of the whole house.

Also, is he demonstrably living separately from her? Does she cook for him, do they eat meals together, do they go out together? If any of these apply then the benefits people could try to argue thay were a couple - the decision is not just about whether there is a sexual relationship.

As you can see this is not a simple matter. The safest thing is not to do it. If you do want to go ahead I suggest you or your daughter contact DWP (& local authority if housing/council tax benefit is involved) in advance to explain the situation & make sure your daughter's benefits would not be adversely affected.

[kloofnek]

Right...why is life so complicated!
She would perhaps cook him the odd meal,but I think I can say with all honesty,he would cook his own ..she can`t really cook...he can.
How can they be co-habiting..he is her father..it would be incest.
All she wants to do is provide him with a home.
Surely he would come under a non-dependant living in her home????

[factor-fiction]

I would have though it's household income that matters, whatever the relationship

[MASS1961]

I think themas was confused by the original post, there seems to be "if" missing. If she let him (her father) move in, how would that affect her income?

[themas]

Apologies - I didn't realise he is her father. I agree - there is no question of co-habitation.

However, the point in my second para. could still arise in relation to whatever rent he pays. Also he can be treated as a non-dependent, & if that is how it is seen then any housing/council tax benefit would be subject to a deduction - the amount based on his income.

Does she has a tenancy agreement from you for the whole house, & pay you rent for it? If so, he will almost certainly be seen as being her lodger, not yours and thus as a non-dependent. The alternative is that you create 2 tenancy agreements - one for each of them specifying which rooms each has exclusive use of & also specifying shared use of bathroom kitchen etc. if that is the case. With this set-up, the rent your daughter pays should be less than she is paying now for the whole house. (All this assumes you are charging her rent; if you are not & don't intend to charge either of them, then it is simpler but the non-dependent issue could still arise in relation to council tax benefit.)

[bednobs]

hi themas, i think you have it wrong. As far as i can tell this arrangement has nothing to do with kloofnek - her daughter has a house presumably, and her (the daughters) dad wants to move in with the daughter. KN is separated from the man in question.
Does your daughter own the house?
she will immediately lose her single persons reduction on council tax. I think factor is right, they will look at his income too when working out benefits, He still does some work doesn't he?

[themas]

I haven't looked at the previous thread but the start of this thread says "my" - i.e. kloofnek's - house. So the daughter is her tenant.

My second para. makes it clear there would be a benefit deduction - amount depending on his income. This would apply to housing/council tax benefit, but not to IBJSA.

My 3rd para. sets out an alternative - which may or may not be beneficial, depending on the amounts involved.

As she is on IBJSA she won't be paying any council tax at present; that would continue if he moved in but subject to a deduction if he was a non-dependent.

[Mamyalynne]

themas, further info here.

http://www.theanswerb.../Question1113603.html

[bednobs]

hi again themas, KN was originally thinking the ex could live with her in her house (hence the "my" house) but now it seems that the ex wants to live at the daughter's house instead. I was not doubting your advice, just that i think you have the wrong end of the stick. Perhaps KN could explain

[kloofnek]

Oh dear ...what a confusion...as some of you may remember,my ex,needs some place to stay as where he lives now,lodging,the ownesr are moving abroad in a few months time.Hence,the idea for for him to come to my house,I have plenty of room.
We are looking at options,and my daughter suggested that she could find room for him at her house ,but we needed to know what is what regards how it would affect her income.He still works part-time.

[factor-fiction]

It's a shame that the impact on benefits or tax credits can be seen as a major factor when making decisions about where someone should live

[bednobs]

but kn is she in her own house or renting?

[kloofnek]

renting,unfortunately,otherwise would make it less of a problem...financially.

[bednobs]

if she is renting, you are right it makes it more complicated - she would have to get permission from the LL and for him to get HB he would have to be on the tennancy agreement

[kloofnek]

Oh goodness..you are saying he would have to be on the tennacy sgreement...she doesn`t have one,it was never re-newed after the first year..she`s been there six now.I am the same and been here 20 years.

But one can only make one claim for HB?

[kloofnek]

Probably not a good idea...it was only really looking at options.
I will go to the CAB like a poster suggested in reply to my post regard to my ex moving into my house.

I don`t mind him coming to mine as long as I don`t have to cook for him.No trouble to put things in the washer along with mine.My daughter helps me do housework as I cannot lift things etc.so his being here would not affect me much...EXCEPT...financially.
This is what it is all about!!!

[themas]

1. Now I understand - daughter is renting, but not your house. You are still married to your ex.

2. Ask CAB but as you are still married you could have problems if he comes to live with you. You will have to prove to DWP/Local Authority satisfaction that you are not living as a couple but as 2 separate households in the same house.

3. You say daughter has no tenancy agreement. I assume she had an assured shorthold agreement for one year when she moved in. That agreement still exists even if no formal extension has been made, & she still occupies under its terms. If those terms require landlord's approval for anyone else to live there with her then it would have to be obtained. In any case, it might be wise to let the landlord know what is intended just in case there is an objection.

4. So far as benefits are concerned, if your ex lives there with your daughter he will be a non-dependent & - as already stated - her housing/council tax benefit will be cut by an amount dependent on his income. This should not disadvantage her as he should pay her the relevant amount. If he makes any other payment to her (i.e. by way of rent) it will be treated as income of hers & would reduce her IBJSA as well as the housing/council tax benefit. If you give CAB the details, including his income, they should be able to let you know the likely effect.