'Bedroom tax' not applicable for parent with shared care ruling.

pmlindyloo

A very interesting article and ruling.

https://speye.wordpress.com/2015/05/19/a-child-can-have-two-homes-for-bedroom-tax-purposes-stunning-appeal-win-by-a-landlord/

I wonder if this could/would apply to local housing allowance too?

tomtontom

The 1st tier ruling goes against an earlier UT ruling, the latter remains good law.

This is another case that weakens the true value of the Human Rights Act - the right to a family life should surely be financed by the parents and not the state?

BigAunty

So this is allowing the right for social housing stock, in high demand but low supply, to have tens, if not hundreds of thousands, of bedrooms that are only ever partly occupied across two properties?

Podge52

BigAunty wrote: »

So this is allowing the right for social housing stock, in high demand but low supply, to have tens, if not hundreds of thousands, of bedrooms that are only ever partly occupied across two properties?

That is the case now. I live in social housing and have a spare bedroom which I pay bedroom tax on. For me and I would imagine most others the advantage of social is the security of tenure, I would be foolish to give that up for the sake of a tenner a week.

cifpower

Podge52 wrote: »

That is the case now. I live in social housing and have a spare bedroom which I pay bedroom tax on. For me and I would imagine most others the advantage of social is the security of tenure, I would be foolish to give that up for the sake of a tenner a week.

You don't pay a tax. You received benefit for the bedrooms needed and you pay the rent on the remainder.

pmlindyloo

Perhaps I can put the case for single dads?

I think they often have a raw deal when it comes to shared access.

The mother is usually the one to claim child tax credits/child benefit and also has the benefit of child maintenance. I know this can be challenged with shared care but I have seen many cases where the father is left in a very poor financial situation. Trying to do the best for his children, wanting to maintain contact and yet unable to afford his own accommodation. Sometimes the mother lives in the marital home and if this is by court order then any equity in a property may not be able to be realised until the children leave full time education.

Admittedly many single fathers do not have the luxury of living in social housing if they leave the marital home which is why I would like to see this extended to local housing allowance.

Of course it could be argued that fathers with shared care do not have to pay child maintenance but having the children stay half the week means that they have to feed and clothe them. Often the mothers refuse to share the CTC and CB.

The number of single fathers who wish to provide a home for their children must be great in number. Children need to know that their father is still their father and part of his life. Far too many, because of the financial situation are unable to achieve this.

Just my opinion, but I have always thought that there is a huge discrepancy in the way we treat single dads to single mums. Time the balance was readdressed.

Podge52

cifpower wrote: »

You don't pay a tax. You received benefit for the bedrooms needed and you pay the rent on the remainder.

I do not pay a bedroom tax, I just receive a reduced subsidy.

Is that better for you.

Housing_Benefit_Officer

Current Housing Benefit rule will still apply irrespective of the Tribunals decision. In all probability the Local Authority will appeal against this to the Upper Tribunal and the decision will be overturned. If this became law the benefits bill will balloon.

BigAunty

pmlindyloo wrote: »

Perhaps I can put the case for single dads?

I think they often have a raw deal when it comes to shared access.

.

Yes, it seems that more than 90% of lone parents are female. After a relationship breakdown, lone parents with dependents are prioritised for social housing or assistance with housing by a council. While many private landlords resist tenants on HB, it will be mainly the women who will recieve sufficient LHA to cover a larger size property to accommodate the kids.

Meanwhile the parent with the lesser shared access (mainly male) will only be entitled to a 1 bedroom rate of HB (or shared if under 35) in the private sector and a social housing landlord will usually only allocate them a single bedroom.

That said, currently the housing benefit bill is around £20 billion a year and if the appeal is lost that permits both separated parents at two properties to claim full HB and full number of bedrooms allocated at both, the bill will be massive and the shortage of family sized properties made even worse.

NYM

If a Father has shared care, wouldn't any payments made through CMS (or whatever it's called ) also need to be reassessed ?

seven-day-weekend

I do not see why the State should subsidise a room twice for the same child. It's not the State's job to make sure parents have room for their children. They should sort out the arrangements between them.

They could even do that very old-fashioned and not very popular thing, and put their own preferences aside, and stay together to parent their children until they are grown.