Under occupancy & adult (child) university

Tehya

Hi Lighting, his course is split but altogether it'll be 4 years. (By split he's been finishing an access course and starting his degree side by side this year and last it's complicated and hard work but doable). This summer will be the end of his 2nd year of the full time degree course.

Dunroamin thanks for the Shelter idea, I never gave them a thought so I'm just off to look for/at their website now.

Thanks again, Tehya

lighting_up_the_chalice

So, apart from holidays, he intends to be away for 3 - 4 years, which is longer than 52 weeks.

Tehya

lighting_up_the_chalice wrote: »

So, apart from holidays, he intends to be away for 3 - 4 years, which is longer than 52 weeks.

But this is where the confusion is coming from, the rule they quote doesn't make sense.

Oh well I'll keep on eye on my post but I don't think I'll find out one way or another unless I take it to the tribunal but I will definitely come back with the answer as and when I get it; maybe it'll help someone else going through this in the future.

allen35

lighting_up_the_chalice wrote: »

So, apart from holidays, he intends to be away for 3 - 4 years, which is longer than 52 weeks.

Understand this way of thinking but normal uni' courses finish in June and start again in October, could be close to 5 months so can this really be classed as holidays.

I would think most students go to uni' end of September, come home at half term and Xmas holidays, return to uni' in January, return home at Easter for a holiday and then come back home in June when the term ends, i certainly wouldn't class this as holiday time, it's end of term.

Surely an arguement for an appeal.

Have you appealed the decision, you have 1 month from the time you were notified of the decision.....

paddedjohn

For student council tax exemption the course runs from its start date around september and continues until the very last day 2 or 3 years later and includes all the holiday periods. If hb are using the same methods then the op's son is away until his course ends.

Penny-Pincher!!

I think you would have to pay as he is not living at home!

Dunroamin

From http://www.housing.org.uk/policy/welfare-reform/bedroom-tax

"Households where there is a room kept for a student studying away from home will not be deemed to be under-occupying if the student is away for less than 52 weeks (under housing benefit) or 6 months (under Universal Credit) - and the local authority accepts that the household is still the student's main home."

Also
http://www.rightsnet.org.uk/forums/viewthread/4443/

And

http://www.jrht.org.uk/sites/files/jrht/uploads/12/09/Bedroom%20Tax.pdf

"What about children who are away at University?
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."

OP, how did you get on when you phoned Shelter?

Tehya

Yay!

After a lot, and I mean a lot, of letters, going back and forth, to and fro we and in our case ups and downs we have finally worn the council down and won our appeal. It's only taken us seven months but still we did it but it's only been possible with the thanks of folks here on MSE.

The letter really doesn't explain anything but from conversations with the HB appeals section there was never any doubt about the rule even though that's what they kept on quoting back at us. They do know that if an adult child (for want of another description) is at university and NOT receiving housing benefit whilst away and they come home regularly (with the intention of returning home after the course is over) then they are classed as living at home for under occupancy rules (so if this is happening to anyone else get your appeals in now).

The reason our case went so far was because my son had moved out a few years ago, had his breakdown etc then moved back in even though he moved back in long before the under occupancy came in the council said they hadn't been informed he was here, even though he's been claiming ESA here when he was ill, he's on the electoral role, he's on our benefit form, student finance etc etc so I think they thought we were being fraudulent.

I don't know if they will pay the arrears but at least we won't have to pay any more out. The £14.10 a week has been a lot for us to deal with and rather than taking my husband out for his weekly trip in a taxi to visit his mum we've had to pay the rent instead so now I can start taking him out again. :T

Tehya

Well we saw our housing officer today and considering the council only made the decision last week they've already made the first rent payment and have also backdated the full arrears to April so we officially don't owe a penny now.

I just wanted to say thanks again for all the advice and links offered on this thread and also to say to anyone going through this with a child at university, stick with it you're in the right.

When_the_going_gets_tough

Well done! fantastic result!