Bedroom tax advice needed please

poppy12345

Hello,
My daughter who is 19 has very recently left home to begin college/uni. I live in a 3 bedroom house rented from social housing. I also have 1 other daughter at home still in full time education. I've read that if a son/daughter who are currently in college/uni but normally live with you can retain their room as long as they return within 52 weeks. Well of course she's going to be coming home to visit. When i reported a change to them i told them my daughter was starting college/uni. I was told they have put that info on the computer and i would recieve a new award notice. Today i recieved this and i now have to pay £18 per week rent. I was recieving full LHA before. Any help regarding this please, thank you in advance

Alice_Holt

You are correct.

I would appeal it, and get help from your local CAB with the appeal.

See - http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_housing_benefit/bedroom_tax

"You can get housing benefit for 1 bedroom for each:.....
.....child away at university who plans to return home (second or third year students living in privately rented accommodation may not count)"

Shelter also have a help line. They may be able to give you the relevant regulations / words to quote at your incompetent council.

Also see:
http://www.rightsnet.org.uk/forums/v...ad/2488/viewthread/4443/
http://www.estuary.co.uk/bedroom-tax

Make sure you appeal it within the time limits.
Perhaps contact your local councillor? Or Head of Council Revenues?

poppy12345

Alice_Holt wrote: »

You are correct.

I would appeal it, and get help from your local CAB with the appeal.

See - http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_housing_benefit/bedroom_tax

"You can get housing benefit for 1 bedroom for each:.....
.....child away at university who plans to return home (second or third year students living in privately rented accommodation may not count)"

Shelter also have a help line. They may be able to give you the relevant regulations / words to quote at your incompetent council.

Also see:
http://www.rightsnet.org.uk/forums/v...ad/2488/viewthread/4443/
http://www.estuary.co.uk/bedroom-tax

Make sure you appeal it within the time limits.
Perhaps contact your local councillor? Or Head of Council Revenues?

Thank you Alice. Just 1 other question. My daughter is living in privately rented accomodation does this matter? Thank you again

Alice_Holt

In the first year I don't think this makes any difference.

If she was claiming HB in her own right (very difficult for students to do) it would. (I think).

Give Shelter a ring or contact your local CAB to confirm.

poppy12345

Alice_Holt wrote: »

In the first year I don't think this makes any difference.

If she was claiming HB in her own right (very difficult for students to do) it would. (I think).

Give Shelter a ring or contact your local CAB to confirm.

No she doesn't claim HB. Thank you so much for your help, it's much appreciated!

elmer

It may not be the bedroom tax, but the fact that you have lost the applicable amounts for your daughter at Uni.

So you have less income disregarded in your calculation, and have to pay more towards your rent

elmer

poppy12345

elmer wrote: »

It may not be the bedroom tax, but the fact that you have lost the applicable amounts for your daughter at Uni.

So you have less income disregarded in your calculation, and have to pay more towards your rent

elmer

I'm sorry but i don't understand what you're saying. I claim ESA Support Group and standard PIP for both. I'm also a single parent so no income to count. My daughter has a student loan but that's not my money to count towards anything.

Alice_Walker

Are you claiming housing benefit based on the full social rent, or LHA based on set rates for your area? It's confusing because you mention social housing but then you talk about LHA.

Alice_Holt

If your ESa is income-based (rather than contribution related) then your should get full HB.
I am assuming that because you have social housing full HB will cover the rent - (you haven't have to make up a shortfall until your eldest moved to uni?)

Have a look at your ESa letters from the DWP, and check if this is the case.

If the ESa is contribution related then the council will do a calculation to determine your HB.
(Sorry this is where it becomes complicated)
The HB award notice should show your income and an applicable amount.
Check that this looks correct.
Your Applicable amount should show an amount for you (probably as a loan parent) of £73.10; an amount for your youngest child of £66.90: and a disability premium (for you) of £32.25.
A total of £172.25 pw.

For your income it should just show ESa £109.30 (or £171.15pw if you get the £61.85 severe disability premium). Your PIP is not counted as income for this calculation.

So, if I'm right - even if you receive CB ESa - Because your income is less than your applicable amount, then you should get full HB.

As you can see HB calculations are complicated so it may be worth taking your details to your local CAB and getting it checked. But on the info you have given, I can't think why you shouldn't get full HB.

Hope my explanation isn't too complicated.

This may help:
https://www.hillingdon.gov.uk/...benefit-letter.../Explanation_of_your_HB_award_let...

poppy12345

Alice_Holt wrote: »

If your ESa is income-based (rather than contribution related) then your should get full HB.
I am assuming that because you have social housing full HB will cover the rent - (you haven't have to make up a shortfall until your eldest moved to uni?
Have a look at your ESa letters from the DWP, and check if this is the case.

If the ESa is contribution related then the council will do a calculation to determine your HB.
(Sorry this is where it becomes complicated)
The HB award notice should show your income and an applicable amount.
Check that this looks correct.
Your Applicable amount should show an amount for you (probably as a loan parent) of £73.10; an amount for your youngest child of £66.90: and a disability premium (for you) of £32.25.
A total of £172.25 pw.

For your income it should just show ESa £109.30 (or £171.15pw if you get the £61.85 severe disability premium). Your PIP is not counted as income for this calculation.

So, if I'm right - even if you receive CB ESa - Because your income is less than your applicable amount, then you should get full HB.

As you can see HB calculations are complicated so it may be worth taking your details to your local CAB and getting it checked. But on the info you have given, I can't think why you shouldn't get full HB.

Hope my explanation isn't too complicated.

This may help:
https://www.hillingdon.gov.uk/...benefit-letter.../Explanation_of_your_HB_award_let...

To answer you other question. I have been claiming full HB for many years. It's all so complicated and now i'm totally confused. I claim income based ESA. On the benefit decision noticed i recieved today it says " reason for calculation - change of occupancy" It also says my weekly benefit award. Underneath this it says what my weekly rent is. At the bottom of the page it says "in working out your weekly benefit we have used Income related ESA. I will ring CAB on Monday to see what they say. Thank you very much.

Alice_Holt

I think we are back to your original point and the council have incorrectly reduced the number of bedrooms you can get housing benefit for. There shouldn't be a change of occupancy as your eldest is a child away at university who plans to return home. So your occupancy should remain the same at 3 bedrooms.

So give the council a ring as well on Monday. Explain the position again (you could quote the Shelter website), hopefully you will get to speak to someone sensible and they can rectify the incorrect award notice.

I would keep a record of your dealings with the council. Names, time & date of phone calls etc

Sorry for the confusion post 9 may have caused.