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Forum Home  →  Discussion  →  Housing costs  →  Thread

Bedroom tax and 13 weeks’ protection

Ruth Knox
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Vauxhall Law Centre

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Joined: 27 January 2014

I have just had a client who has worked for several years before falling ill, being refused the 13 weeks’ protection because when she moved into her house in 1998 she claimed benefit.  Having read regulation 13ZA this seems an accurate interpretation of the legislation but very much our ideas of natural justice.  Is this interpretation correct?  Ruth

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Depends what kind of HB claim it is.  In all cases the issue is whether the claimant or a household member was “able to meet the financial commitments for the dwelling when they were entered into”.

You have referred specifically to Reg 13ZA: the 13 weeks’ protection in Reg 13ZA applies in the small number of remaining cases where HB is determined by reference to a Rent Officer’s Local Reference Rent.  Briefly those are caravans, boats, hostels, bed and breakfast and any general needs private tenancies where the claimant has been on HB since 2008.  In most of those cases anyone who has been in the same dwelling since 1998 will have accepted a new assured shorthold tenancy or licence agreement more recently and the regulation should be applied as at the date when they took on that commitment.

If the claimant’s HB is assessed by reference to the LHA (not impossible from the facts you have provided) again you would be looking for a more recent AST/licence when the claimant last took on a commitment to pay a certain amount for a certain time.  Here it’s Reg 12D(5) that allows 13 weeks’ protection.

But if it’s bedroom tax (and I think that is your usual area of interest from memory Ruth) the 13 weeks’ protection comes under Reg 12BA(6).  The wording is the same, but it is more likely that the claimant has not entered into any new financial commitments in the meantime so the snapshot would be on the date of the original tenancy back in 1998

Ruth Knox
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Vauxhall Law Centre

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Total Posts: 551

Joined: 27 January 2014

As always, HB Anorak, thanks for such a clear and comprehensive outline.  Ruth