bedroom tax

tiggernik

Housing_Benefit_Officer wrote: »

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.

Ok, thank you very much for your advice and I will let you know...lets hope they don't take too long

Housing_Benefit_Officer

tiggernik wrote: »

Ok, thank you very much for your advice and I will let you know...lets hope they don't take too long

I would also put your request in writing in the form of an appeal or request for a reconsideration. Just in case your phone message wasn't passed on.

tiggernik

Housing_Benefit_Officer wrote: »

I would also put your request in writing in the form of an appeal or request for a reconsideration. Just in case your phone message wasn't passed on.

I did send an email to them, but I am more than happy to write a letter also, that way, hopefully I will be covered from all angles.....thank you again for the advice

mysterywoman10

Richie-from-the-Boro wrote: »

Bedroom tax and the disabled

Yes hoping things will become much clearer soon

nannytone_2

mysterywoman10 wrote: »

Yes hoping things will become much clearer soon

i hope it all works out well!
must be wuite a large number of people affected .
then the only group affected will be thos that have no alternative accomodation available

tiggernik

Hi Housing Benefit Officer,
After emails, letters and phone calls, I have finally heard from my Canterbury City Council about being exempt from the bedroom tax for a period of 52 weeks following the death of a household member....see above......They tell me I don't qualify for it, it only applies if a child dies!
I keep reading things and nowhere does it say a Child its always says a member of the household!
What do I do now?
Thank you in advance

Dogger69

tiggernik wrote: »

Hi Housing Benefit Officer,
After emails, letters and phone calls, I have finally heard from my Canterbury City Council about being exempt from the bedroom tax for a period of 52 weeks following the death of a household member....see above......They tell me I don't qualify for it, it only applies if a child dies!
I keep reading things and nowhere does it say a Child its always says a member of the household!
What do I do now?
Thank you in advance

Bereavement protection does not just apply where a child dies, but it does not cover all circumstances where a family member dies. Was your MIL a joint tenant? Did she have a right to live in the property even if you moved out?

tiggernik

She was the main tenant and we lived with her.....my husband, her son, succeeded her tenancy after she died.

fluffymovie

Hi there

This isn't right so you need to go back to Canterbury.

The Housing Benefit regs 2006, Regulation 12D(3) for working age claimants and for pension age claimants is clear.

The rules state this applies if "any of the occupiers of their home has died within the last 12 months (including occupiers who were temporarily absent) and
the claimant has not moved home since the date of the death.

We use a book in most HB offices called the Shelter Guide and the relevant page for this is 144 so I would call them and ask them to check page 144!

Dogger69

fluffymovie wrote: »

Hi there

This isn't right so you need to go back to Canterbury.

The Housing Benefit regs 2006, Regulation 12D(3) for working age claimants and for pension age claimants is clear.

The rules state this applies if "any of the occupiers of their home has died within the last 12 months (including occupiers who were temporarily absent) and
the claimant has not moved home since the date of the death.

We use a book in most HB offices called the Shelter Guide and the relevant page for this is 144 so I would call them and ask them to check page 144!

To qualify for bereavement protection, the deceased must be a linked person. This is defined in the LHA Guidance Manual as:

a member of the customer’s family
• if the customer is a member of a polygamous marriage, any
partner of his and any child or young person for whom he or a
partner is responsible and who is a member of the same
household
• any relative of the customer or partner who occupies the same dwelling as the customer, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the customer ceased to occupy it.

I expect the claim has been (correctly) declined under the third clause.