Bedroom tax - student

Molly234 · 16 March 2018 at 2:20PM

I've searched in the forums and couldn't see any answers that applied to my situation, many apologies if I've asked something someone else already has.

Back story: I am living in a housing association property.
A few years ago I came off benefits when I found employment so I was paying rent for my home. I lived there with my son. I lost my job but did not apply for benefits again. I carried on looking for employment and , as you can imagine, my rent and council tax arrears mounted.

This was around the same time that the bedroom tax came into effect. My son also started university at this time and moved to birmingham - returning home weekends, sometimes during week and holidays.
I couldn't find employment (age/education etc) so started sewing clothes and became self employed. After being advised on this forum I applied for housing benefit ( forever grateful to the people who helped me here) and I slowly paid off my council tax arrears.
I was charged bedroom tax for my sons room and have been informed by my housing association that I should never have been charged for his room since he returned to it weekly.

I have contacted the council a month ago and received no communication back. I suffer from crippling anxiety and am so on edge as I do need to clear the rent arrears and any little reimbursement would help.

If anyone has dealt with a similar situation I would greatly appreciate any advice. Many thanks

pmlindyloo · 16 March 2018 at 2:33PM

Molly234 wrote: »

I've searched in the forums and couldn't see any answers that applied to my situation, many apologies if I've asked something someone else already has.

Back story: I am living in a housing association property.
A few years ago I came off benefits when I found employment so I was paying rent for my home. I lived there with my son. I lost my job but did not apply for benefits again. I carried on looking for employment and , as you can imagine, my rent and council tax arrears mounted.

This was around the same time that the bedroom tax came into effect. My son also started university at this time and moved to birmingham - returning home weekends, sometimes during week and holidays.
I couldn't find employment (age/education etc) so started sewing clothes and became self employed. After being advised on this forum I applied for housing benefit ( forever grateful to the people who helped me here) and I slowly paid off my council tax arrears.
I was charged bedroom tax for my sons room and have been informed by my housing association that I should never have been charged for his room since he returned to it weekly.

I have contacted the council a month ago and received no communication back. I suffer from crippling anxiety and am so on edge as I do need to clear the rent arrears and any little reimbursement would help.

If anyone has dealt with a similar situation I would greatly appreciate any advice. Many thanks

No, you shouldn't have been charged bedroom tax if your university student son was returning home on a regular basis. You need to telephone the council and find out what is happening.

If you require help/someone to telephone on your behalf then contact the CAB.

Whilst you are there also ask about a Discretionary Housing Payment for your rent arrears.

Molly234 · 16 March 2018 at 2:56PM

Thank you so much for your reply pmlindyloo , I don't think you realise how much I needed to hear that at this moment. Forever grateful for people like you

Alice_Holt · 16 March 2018 at 4:03PM

May also be worth contacting your local councillor.

Shelter have a help line, and may be able to tell you the relevant regulations reference which you can include with your letter.
https://england.shelter.org.uk/get_help

If the council still say no (and they would be wrong to do so - per your HA & pmlindyloo), you do have a right to appeal their decision.
https://england.shelter.org.uk/housing_advice/housing_benefit/housing_benefit_revisions_and_appeals

tboo · 16 March 2018 at 6:49PM

Did your son have a tenancy for a home - not halls of residence - in the 2nd year and beyond?

For the halls of residence in the 1st year your son should have been included in the household as some uni halls normally close to allow them to be rented out. so he has to return home.

But in the 2nd year students normally take on a tenancy in a house/flat and therefore they aren't included in the household, as they are not likely to return home
but each case is to be judged on facts.

Please ask the LA but they may not backdate.

Molly234 · 16 March 2018 at 8:15PM

When the bedroom tax started I was unsure how to fill in fill in my sons residence etc. I called the housing benefit office and explained that my son would be living in birmingham in halls, would he count as living with me still though as he would return at weekends and holidays?

The person who I spoke to told me that birmingham would count as his main residence because he would spend the majority of his week there. So that's what I filled in the form, that my son lived in birmingham.
I contacted the council and received a reply just today actually saying that I told them that birmingham would be his place of residence. I did this after confirming with the council office because he was my first child to go to university so I didn't understand the rules and regulations.. The person I spoke to also informed me that since bedroom tax was just being rolled out it was 'new' to everyone, including themselves.

He lived for 2 years in halls and then had a tenancy. He came home on Friday evenings (sometimes Thursday) and left on Sunday evening. He came home for holidays and sometimes during the week if friends were coming back he would come back with them and stay a night( he didn't drive at the time). I told the housing department this.

I feel it's coming down to my word against theirs since I phoned and there's no written correspondence, and usually when that's the case, housing benefit win.

Alice_Holt · 16 March 2018 at 9:07PM

Molly234 wrote: »

I feel it's coming down to my word against theirs since I phoned and there's no written correspondence, and usually when that's the case, housing benefit win.

Only if the legislation / case law supports their case. In this case it doesn't.
From: https://www.rightsnet.org.uk/forums/viewthread/4443/#18114
"Provided that the student is not getting HB at their student address, they are coming home regularly, and their room has not been sublet, then they should be deemed to be occupying the property as their home and therefore will need a bedroom."

"REGULATIONS HB Reg 7(13) [13 and 7(16)(c)(viii) and 7(17) "

" CASE LAW In R(H)8/09 Judge Williams held on the facts of the case that the student in question was to be treated as occupying the claimant!!!8217;s dwelling under Reg 7(16)(c)(viii) and (17)"

Get guidance from Shelter - for the first (and I think second) year the HB decision was wrong.
Not sure about the third.

If the HB dept persist with this line then appeal it. This is not a dispute about the information supplied, it is about an incorrect decision. As pmlindyloo said - your local CAB / advice agency may be able to help.

But just get a letter headed APPEAL into the HB dept within 28 days of their letter and quote the above Regs / Caselaw.

More info:
https://www.mirror.co.uk/money/bedroom-tax-appeal-extra-bedroom-student-studying-away-university-5769803
(with an example appeal letter)

And here is guidance from a LA:
"My child is away at university. Can I keep their room for when they are home in the holidays?
You can keep their room if the absence is temporary (less than 52 weeks for students) and the young person concerned intends to return home. This means that if your child returns home regularly throughout the year, you can keep their room."

http://www.northlincs.gov.uk/council-tax-benefits-and-housing/benefits/benefits-more-information-and-advice/bedroom-tax-faq/#My-child-is-away-at-university-Can-I-keep-their-room-for-when-they-are-home-in-the-holidays

https://www.gingerbread.org.uk/information/housing/bedroom-tax/
"Students
If you have a child who is studying away from home, you will not have a deduction made for their bedroom, as long as they are coming back, and it is still their usual home."

APPEAL IT

Also make a complaint :
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/complaining-about-the-service-you-ve-received-benefits-and-tax-credits/

And copy it to your counsellor - the decision to that your child wasn't entitled to retain a room in your house while at uni was incorrect.

Bedroom tax - student

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