Under occupancy & adult (child) university

Tehya

Hi there,

I'm after some advice on the 'bedroom tax' under occupancy rule for housing benefit but first thought I'd fill in with a little bit of background info.

My son left college, & home, early then had a mental breakdown and after several suicide attempts was sectioned. After a lot of hard work & tears from all of us things are great & back on track. Since 2011 he's even been back living with us, he's even gone back into education & is now at university but returns home for holidays, we are his sponsors for student finance loans & grants as what he receives all depends upon our income.

My husband is in the Support Group for ESA & he also receives DLA middle rate care & higher rate mobility while I am in receipt of Carer's Allowance as my husband's full time carer.

What we would like to know is where do we stand as far as the under occupancy rule is? I'm going out of my mind with this, I'm usually pretty level headed but this rule just reads like gobbledygook to me.

Our LA have refused the benefit without really explaining why & I feel like I'm getting nowhere with them & the advice is very confusing? Do we qualify or not? Can anybody here please clarify this for me, thank you?

Tehya

[Deleted User]

great that he`s got his life back together,i would think (not strictly know)that he is probably classed as not living at home now,the question i would be asking the council is if this is correct what happens when he comes home for extended periods e.g the summer which could be 18 weeks

allen35

I would say you are entitled, more so that your husband is on any rate of care as whilst away or at home there would be no non dependant deductions. Fight your cause, your son lives in your home and as far as i am aware as long as he intends to return home you will be trated as needing 2 bedrooms.

The guidlines states: For students away from home, a room will be counted providing they are only away temporarily (less than 52 weeks) and intend to return home.

I am fed up of LA's giving wrong information......

Dunroamin

Is he in halls of residence or his own flat?

allen35

Dunroamin wrote: »

Is he in halls of residence or his own flat?

Good question, it's not clear.

lighting_up_the_chalice

Might also be worth knowing how big the OPs property is.

paddedjohn

If the council refuse to listen you will have to pay £10.64 per week towards your rent. I'm all for the "bedroom tax" spare room reduction but reckon it could be fairer all round if maybe the first spare room was exempted, pensioners and serving forces families weren't exempt and if foster carers went exempt.

lighting_up_the_chalice

paddedjohn wrote: »

If the council refuse to listen you will have to pay £10.64 per week towards your rent.

Not sure how you can work that out without knowing the rental charge and size of the property?

Dunroamin

Dunroamin wrote: »

Is he in halls of residence or his own flat?

The reason I asked is because of the information given to Povertytrap by the council on this thread. If he's in halls of residence, there's some excellent advice and information on here about the situation.

https://forums.moneysavingexpert.com/discussion/4587009

Cornish_piskie

paddedjohn wrote: »

If the council refuse to listen you will have to pay £10.64 per week towards your rent. I'm all for the "bedroom tax" spare room reduction but reckon it could be fairer all round if maybe the first spare room was exempted, pensioners and serving forces families weren't exempt and if foster carers went exempt.

So, using this logic, do you think all those in privately rented accommodation who qualify for HB should receive an extra bedroom's worth of LHA so they can have a spare room too?

ComeTheRevolution

If he was Section 3 the LA may still have a duty to offer support to prevent a relapse.