Under occupancy & adult (child) university

paddedjohn

lighting_up_the_chalice wrote: »

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

Since the OP didn't come back with the real vent info I looked at their previous posts and found out they live in a 2 bed property and their rent is £76, 14% of that is £10.64

Tehya

Hi All,

Sorry for the late reply to questions which I'll try to answer now.

- It's a 2 bedroom house
- Our son is in a shared (uni approved) house as there are no halls for 2nd year uni students at his campus)
- Rent is currently £81.55 minus the 14% they are taking off for the under occupancy.

Our son does live here, this is his permanent address for his GP, opticians, hospital,
DWP (when he was ill his ESA claim was here)
he's registered here to vote,
his bank account is here,
his mail all comes here,
his clothes are here, his PC & his belongings, (he only takes what he actually uses with him)
he lives here during each holiday including the 3 months in the summer all of which we keep him for free as his grant/loans pay for his rent and food at university.
I send him the odd bits of money (i.e £20 a month to help him a little)
We are his sponsors for student finance meaning what grants he gets depends upon our income for this he needs to be classed as a resident here during as well.
He will be returning home after graduation.
His shared rental property is only rented from September to July so it isn't even a whole years lease at a time.

In the letter refusing the benefit the council state 'The decision was made correctly as guidance given from the government states the new size limit rules do not allow for keeping a room relating to a child at university for when they are home in the holidays, unless the absence is temporary (less than 13 weeks or 52 weeks for students) and the young person concerned intends to return home.'

It's this paragraph that I can't get my head round, some folks at the council said we were entitled now they say we're not.

ComeTheRevolution

The strength of an appeal is his mental health. What section of the mental health act was he held under?

Tehya

Hi ComeTheRevolution I don't think we can appeal on the basis of his mental health as he's not even medicated now, yes he is still very much ill and needs our support, he definitely couldn't cope if we turned our backs on him but he's coping at the moment he doesn't even see his team apart from maybe once every six months and that's informal. He was sectioned under the mental health act as he was a danger to himself I don't know what regulation it was under as at the time he wouldn't even speak to me never mind let me know what was happening with his care.

This is the letter the council sent out to refuse the benefit,
[IMG][/img] Uploaded with ImageShack.us

I really think the person who is using this rule in our case has got the wrong end of the stick or something. I've spoken to them twice since this letter came and the first time the gentleman (after speaking to his supervisor) said the decision was wrong and I'd get a call back which didn't happen and the second time a lady said the decision is correct but she couldn't say why but if we wanted to challenge it it would have to go to a tribunal hearing.


Thanks for all advice it means a lot, Tehya

ComeTheRevolution

You must find out if it was a Section 3. Even if it wasn't take it further on the strength of preventing a relapse.

Dunroamin

Did you get the chance to read the link to the legislation that pmlinyloo posted on the other thread; it specifically mentions students.

http://www.legislation.gov.uk/uksi/2006/213/regulation/7/made

Tehya

Dunroamin wrote: »

Did you get the chance to read the link to the legislation that pmlinyloo posted on the other thread; it specifically mentions students.

http://www.legislation.gov.uk/uksi/2006/213/regulation/7/made

I did read through it, well as best I could thank you for pointing it out to me, I'll get the hubby to have a good read over it when he's awake & back on Planet Earth. The link contains the same rule (plus some extra bits) that the council letter gives as the reason for their refusal of benefit. I'm usually pretty competent with language & even with all this confusion I still think the council may be using this rule in the wrong way but I can't go to an appeal tribunal on a feeling. I obviously need legal advice which I can't afford. Welfare Rights has almost been obliterated here & CAB has an eight week waiting list but the council's appeal window is only four weeks so we're definitely on our own unless someone here knows of any other groups that might offer advice?

Grrr can I cry please, sorry hubby's really poorly along with dealing with all this then there's my own disabilities & to top it off I've just been diagnosed with thyroid cancer so I'm having a whale of a time. Oh well I'm sure I'll get there eventually wherever there actually is

princessdon

They are a student so 52 week rule. What is their problem?

Dunroamin

Tehya wrote: »

I did read through it, well as best I could thank you for pointing it out to me, I'll get the hubby to have a good read over it when he's awake & back on Planet Earth. The link contains the same rule (plus some extra bits) that the council letter gives as the reason for their refusal of benefit. I'm usually pretty competent with language & even with all this confusion I still think the council may be using this rule in the wrong way but I can't go to an appeal tribunal on a feeling. I obviously need legal advice which I can't afford. Welfare Rights has almost been obliterated here & CAB has an eight week waiting list but the council's appeal window is only four weeks so we're definitely on our own unless someone here knows of any other groups that might offer advice?

Grrr can I cry please, sorry hubby's really poorly along with dealing with all this then there's my own disabilities & to top it off I've just been diagnosed with thyroid cancer so I'm having a whale of a time. Oh well I'm sure I'll get there eventually wherever there actually is

What about checking it out with Shelter?

lighting_up_the_chalice

What is the duration of his university course?