Bedroom tax

Roundhay23

I have been told that if I were to make a claim for Universal Credit the housing element would not cover the whole rent as we would be subject to the bedroom tax. We rent from the council.I have a nineteen year old who is at University and lives in university accommodation. She comes home most weekends and for the holidays. Can I include her details in the Universal Credit claim to avoid being deemed to have an extra bedroom? I understand that there would be no non dependent deduction as she is aged under 21.

WhenIam64

What is your current situation. Assume it is HB from the council but at what rate?

Your UC Housing element will be based on the Local Housing Allowance for the relevant number of people. So to work out what the relevant allowance and if you are subject to "tax" we would need to know your present situation and the ages/sexes of your children you claim for.

calcotti

There are no definite rules about how University students are treated. You need to be open with the DWP and they will decide whether or not she is treated as living with you.

See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/798301/admf3.pdf
Paragraph F3034 the example refers to university students.

If you are subject to the 'bedroom tax' you can apply to your local authority for a Discretionary Housing Payment.

Roundhay23

We aren't claiming any benefits at the moment but need to has my husband has just lost his job. We have a three bed council house and have a 17 year old who lives with us and attends college.

calcotti

WhenIam64 wrote: »

Your UC Housing element will be based on the Local Housing Allowance for the relevant number of people.

OP says house is rented from council so LHA does not apply. It is about whether or not they are deemed to have a spare bedroom. If one spare bedroom the allowable rent is 14% less than the actual rent. However OP could request DHP to help with the difference (for a limited time).

WhenIam64

This may be of help. From a Freedom of Information request

A person who has reached the age of 16 but not the age of 20 is a qualifying young person if they satisfy the conditions in Regulation 5(1)(2)(3)(4)(5) of the UC Regulations 2013.
In order to qualify for the child amount in UC the qualifying young person, must be enrolled on, or accepted for, approved training or a course of education, which is provided at a school or college or provided elsewhere but approved by the Secretary of State and where the average time spent during term time in receiving tuition, engaging in practical work or supervised study or taking examination exceeds 12 hours per week.

The Regulation is here

https://www.legislation.gov.uk/ukdsi/2013/9780111531938/regulation/5

But as Calcotti says, it is better to get the DWP to decide (when pointed towards the Regulation) and then to ask your local council about the DHP.

calcotti

A university student cannot be a qualifying young person because university education is advanced education and a 19 year old would need to be in non-advanced education to satisfy the conditions to be treated as a qualifying young person.

https://www.entitledto.co.uk/help/child-over-16

Her 19 year old is an independent adult. The issue for the OP is whether the DWP choose to treat her as ordinarily resident at the OP’s address or at their university address.

WhenIam64

and lives in university accommodation

Shelter says this

https://sheltercymru.org.uk/get-advice/paying-for-housing/housing-benefit-and-council-tax-reduction/the-bedroom-tax/

You can claim housing benefit or UC housing costs for 1 bedroom for each:
* adult couple
* person aged 16 or over
* disabled child who can’t share a bedroom because of their disability
* 2 children aged under 16 of the same sex
* 2 children aged under 10 (boys and girls are expected to share a room)
* child away at university who plans to return home (second or third year students living in privately rented accommodation may not count)
*child in the Armed Forces who plans to return home.

Given the number of students there are, this must be a common issue with a clear answer.

calcotti

WhenIam64 wrote: »

Given the number of students there are, this must be a common issue with a clear answer.

I wish there was. The DWP guidance I referenced in my previous post (#3) says it is down to the Decision Maker to make a determination on each case and that they can decide either way.