Benefit fraud when renting from partner-Should David Laws be prosecuted?

[Titanic99]

I know a different thread exists on this latest scandal, but this is a different issue altogether.

 

The Housing Benefit regulations as shown below, clearly show that you cannot claim Housing Benefit if you are paying Rent to a close relative.

 

“A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where”

 

“his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner”

 

Following on from this, it is then perfectly possible to prosecute people for Fraud when they are found to be claiming as shown above.

 

Surely then if ordinary members of the public can be prosecuted for the above, the same principles should apply to Members of the Government and Mr Laws should be prosecuted.

 

From the little information we have available to us it seems he was aware he was breaking the rules and that his defence is that he wanted to protect his privacy, and/or that he believed his partner didn’t fall into the category of “partner”.

 

My suspicion is that neither of these arguments would wash with Fraud investigators for us, so Mr Laws should be prosecuted in exactly the same manner.

 

So should he be prosecuted or not?

[discodown]

Its not as black and white as that. You can claim housing benefit when the landlord is a close relative and many people do. If its shown that he has broken the law then of course he should be prosecuted

[HeadingNorth]

Mr Laws has not claimed housing benefit, so why on earth would housing benefit regulations be significant in his case?

[donkey]

It's interesting that this comes out now. It's like someone knew all along and was waiting for the right moment to divulge the info. It may be a Labour ploy to sabotage the new government, or it could equally be the tories sidelining the LibDems. If Laws is replaced by a Tory, it will be very 'interesting' indeed.

[HeadingNorth]

or it could equally be the tories sidelining the LibDems.

 

 

Only if they wanted to slit their own throats. Oust the Libdems, and a vote of no confidence will see Cameron packing his bags inside of a week.

[Titanic99]

Its not as black and white as that. You can claim housing benefit when the landlord is a close relative and many people do. If its shown that he has broken the law then of course he should be prosecuted

 

You can't claim Housing Benefit in the following circumstances:

 

A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where—

(a) the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis;

(b) his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner;

© his liability under the agreement is—

(i) to his former partner and is in respect of a dwelling which he and his former partner occupied before they ceased to be partners; or

(ii) to his partner´s former partner and is in respect of a dwelling which his partner and his partner´s former partner occupied before they ceased to be partners;

 

I would argue he falls under B and C, and most probably A as well.

 

So he should be prosecuted in the same manner as the rest of us would be, if we were found out.

[HeadingNorth]

I would argue he falls under B and C, and most probably A as well.

 

 

He doesn't fall under the Housing Benefit regulations, full stop. He wasn't claiming housing benefit.

[donkey]

Only if they wanted to slit their own throats. Oust the Libdems, and a vote of no confidence will see Cameron packing his bags inside of a week.

 

I'm talking about marginalising them, rather than ousting them.

[Titanic99]

Mr Laws has not claimed housing benefit, so why on earth would housing benefit regulations be significant in his case?

 

Just using it as an example to show how members of the public would be treated in this situation.

 

I'm sure the following would contain similar rules:

 

"Since 2006 parliamentary rules have banned MPs from "leasing accommodation from a partner"."

[HeadingNorth]

I'm talking about marginalising them, rather than ousting them.

 

I think the LDs are smart enough not to be fooled by that; more importantly, I think the Tories wouldn't expect them to be fooled by it, and wouldn't take the risk even if they did.