Bedroom tax advice needed please

poppy12345

Alice_Holt wrote: »

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.

Thank you Alice for all your help it's very much appreciated. I will make that call first thing Monday morning.

missbiggles1

You said at the start that your daughter has left home (to go to college/university) and will be coming back to visit. I wonder whether this is where the misunderstanding has arisen because I don't think most parents would think of it/put it that way?

Perhaps you've given them the idea that she's moved out completely as opposed to just living elsewhere in term time while she studies.

GlasweJen

Is she coming home every now and then to visit or is she coming home for the bits between semesters (usually a month at Christmas and several months in the summer)?

Alice_Holt

GlasweJen wrote: »

Is she coming home every now and then to visit or is she coming home for the bits between semesters (usually a month at Christmas and several months in the summer)?

Doesn't matter. The legal position is clear. It has to be a temporary absence (less than 52 weeks for students) and the young person concerned intends to (and does) return home.
The room can't be sublet and the student can't be getting HB at their student address,

Have a look at HB Regulations 2006 regulation 7(16) and 7(17)

Some relevant caselaw at http://www.osscsc.gov.uk/Aspx/view.aspx?id=2953 (2010 UKUT 129 AAC)

In other words the student has to return within 52 weeks.

missbiggles1

Alice_Holt wrote: »

Doesn't matter. The legal position is clear. It has to be a temporary absence (less than 52 weeks for students) and the young person concerned intends to (and does) return home.
The room can't be sublet and the student can't be getting HB at their student address,

Have a look at HB Regulations 2006 regulation 7(16) and 7(17)

Some relevant caselaw at http://www.osscsc.gov.uk/Aspx/view.aspx?id=2953 (2010 UKUT 129 AAC)

In other words the student has to return within 52 weeks.

But that means intending to come home to stay, not just to visit as the OP says. That's why I think there's been some misunderstanding somewhere.

pmlindyloo

Based on what I have read I tend to agree with Alice that a student who returns home within 52 weeks (even temporarily) is not subject to the under occupancy charge. They regard the student's permanent residence as being at her mother's.

However, because of this I am wondering if the OP appeals this then she would lose her SDP (which she was presumably getting before daughter left home)

If they do not charge an under occupancy amount then they are saying that the daughter is treated as a non dependent and the OP would not be eligible for the SDP.

Of course the OP may not be receiving SDP if someone is claiming CA for her but if she is then she may be better off not appealing it as the £18 is far less than if she lost her SDP. (£60 ish)

poppy12345

Thank you all for you replies. My daughter would be coming home many times during the 52 weeks, although it wouldn't be perminent. I do recieve SDP and i see your point pmlindyloo BUT as she wouldn't be home all the time wouldn't i still be entitled to SDP the weeks she isn't home? Either way i'm going to ring HB tomorrow morning and see what they say. If i don't get any joy i will be calling CAB. Thanks again everyone!

Alice_Walker

poppy12345 wrote: »

Thank you all for you replies. My daughter would be coming home many times during the 52 weeks, although it wouldn't be perminent. I do recieve SDP and i see your point pmlindyloo BUT as she wouldn't be home all the time wouldn't i still be entitled to SDP the weeks she isn't home? Either way i'm going to ring HB tomorrow morning and see what they say. If i don't get any joy i will be calling CAB. Thanks again everyone!

You can't have it both ways. Either the daughter is classed as living there and you're not subject to an under occupancy charge but you lose the SDP, or she's not and you retain the SDP but are subject to an UOC.