bedroom tax

evenasus

brianbirmingham wrote: »

Hi I have just read that under the housing act of 1985
If your spare room is under 70sqft approx 7x9ft it cannot be regarded as a spare room but is a box room. So you cannot be made to pay the tax.
Is this true as my 'spare room' is only 6x8ft???
If this is correct what can I do?

No it's not!

Of course a bedroom measuring 6x8ft is considered a bedroom.
You can easily get a single bed in a room of that size.

So housing benefit will be reduced if the bedroom is excess to requirements.
It's NOT a tax!

fluffymovie

brianbirmingham wrote: »

Hi I have just read that under the housing act of 1985
If your spare room is under 70sqft approx 7x9ft it cannot be regarded as a spare room but is a box room. So you cannot be made to pay the tax.
Is this true as my 'spare room' is only 6x8ft???
If this is correct what can I do?

There are a lot of similar queries on here but the answer is no. Housing Benefit does not work to Housing Act 1985 and there is no specified bedroom size for the Bedroom tax.

mysterywoman10

brianbirmingham

Please see the thread below for further information.

https://forums.moneysavingexpert.com/discussion/4503835

page 2 is more informative

welshee

brianbirmingham wrote: »

Hi I have just read that under the housing act of 1985
If your spare room is under 70sqft approx 7x9ft it cannot be regarded as a spare room but is a box room. So you cannot be made to pay the tax.
Is this true as my 'spare room' is only 6x8ft???
If this is correct what can I do?

I have just this minute been on the phone to the local council on behalf of a friends friend and as long as it states it is a bedroom on your initial tenancy and as not been adapted in anyway you will have to pay the designated 14% or 25% required.
If it as been adapted for whatever reason you can ask the local council to reassess it.

Otherwise your stumped along with thousands more.

Just to clarify their 3rd bedroom was 59.28 sq ft.

tiggernik

Hi, not sure if anyone can help but just need a bit of advice.
I have read about bereavement exemption from the bedroom tax for a year after someone in the household had died......has this legislation come in to effect yet?
We lived, as a family with my mother-in-law, as I was her full time carer, but unfortunately she died last August which had left us with a spare bedroom.
We are currently paying the bedroom tax each week but I have been told about the above exemption.
Should we still be exempt from the tax till August or have I got this wrong?
I have spoken to our housing department but have been told that they don't think that legislation had come on yet and to carry on paying..... Can someone advise please?
Thank you

Housing_Benefit_Officer

brianbirmingham wrote: »

Hi I have just read that under the housing act of 1985
If your spare room is under 70sqft approx 7x9ft it cannot be regarded as a spare room but is a box room. So you cannot be made to pay the tax.
Is this true as my 'spare room' is only 6x8ft???
If this is correct what can I do?

I have already dealt with appeals regarding this and rejected every one. The Housing Act 1985 also defines living rooms as bedrooms so if we accept your small room as a boxroom then your living room would be classed as a bedroom. The Housing Act 1985 has no relevance regarding defining bedrooms for Housing Benefit purposes.

Housing_Benefit_Officer

tiggernik wrote: »

Hi, not sure if anyone can help but just need a bit of advice.
I have read about bereavement exemption from the bedroom tax for a year after someone in the household had died......has this legislation come in to effect yet?
We lived, as a family with my mother-in-law, as I was her full time carer, but unfortunately she died last August which had left us with a spare bedroom.
We are currently paying the bedroom tax each week but I have been told about the above exemption.
Should we still be exempt from the tax till August or have I got this wrong?
I have spoken to our housing department but have been told that they don't think that legislation had come on yet and to carry on paying..... Can someone advise please?
Thank you

Yes you are protected for 52 weeks from the date your Mother-in-Law passed away. Contact your Local Authority as a matter of urgency. If you were on benefits last year then your Local Authority Benefits Department should already hold the details of when your Mother-in Law passed away.

tiggernik

Housing_Benefit_Officer wrote: »

Yes you are protected for 52 weeks from the date your Mother-in-Law passed away. Contact your Local Authority as a matter of urgency. If you were on benefits last year then your Local Authority Benefits Department should already hold the details of when your Mother-in Law passed away.

Thank you for getting back so quick.....I have spoken to Housing and they say they don't think it applies but they will look into it and to give them two weeks to find out.....but in the meantime to carry on paying each week....look like I will just have to wait and see.....Thank you again for your advice

Housing_Benefit_Officer

tiggernik wrote: »

Thank you for getting back so quick.....I have spoken to Housing and they say they don't think it applies but they will look into it and to give them two weeks to find out.....but in the meantime to carry on paying each week....look like I will just have to wait and see.....Thank you again for your advice

Though the Bedroom Tax only kicked in from April we can take account of any past period when deciding whether the 52 week bereavement protection should apply.

You would be 'protected' from August 2012 to August 2013 but as the reduction kicked in from April 2013 you would receive protection from April 2013 to August 2013.

If you are refused then your local authority is making a flawed decision an you should ask for a reconsideration. Let us know how you get on.

Richie-from-the-Boro

Bedroom tax and the disabled