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Clare
Clare, Family Solicitor
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My single parent cousin died and her children are going to

Resolved Question:

My single parent cousin died and her children are going to be looked after by her brother (David)who will move into the childrens home and be their guardian. Their home is a housing association flat and is now held in trust for the children, ages 2,9,10.

Is my cousins brother now financially responsible for the rent? Should the children not ne eligible for 100% housing benefit which finances the rent, as the tenancy agreement is in their names?



This is in London, UK.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question, I shall do my best to assist you.
I am afraid that the fact that the Tenancy is held in trust for the children is just a device to allow them to remain in that particular property since legally the tenancy could not be transferred to their Uncle.
As their Trustee the Uncle will have to ensure the rent is paid - and Housing Benefit will only be payable if he is financially eligible
I hope that whilst disappointing this is of assistance to you
Claire
Customer: replied 1 year ago.
Does David have no address to financial assistance to pay the rent, He works adhoc as a Musician. As a guardian does he get no financial assistance that isn't means tested.
Expert:  Clare replied 1 year ago.
Hi
He will be able to claim Child Maintenance and Child Tax Credits.
If Social Services have been instrumental in plaining the children with him he could claim Kinship carers allowance, otherwise I am afraid he is simply eligible to claim the normal means tested benefits
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29038
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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