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Top Housing Benefit & Council Tax Benefit topic #6861

Subject: "Size of accomodation if child at university and parent's entitlement to severe disabilty premium" First topic | Last topic
Nicola Wallace
                              

Welfare consultant - Housing benefit advice, Ecallawn Consultancy, London
Member since
06th Apr 2005

Size of accomodation if child at university and parent's entitlement to severe disabilty premium
Thu 17-Jul-08 08:41 AM

Single parent in 2-bed flat on DLA middle rate care & receives SDP. Has 17 year old son at school and 20 year old disabled daughter (also getting high rate DLA) in residential care.
When 17 year old leaves home to go to university, will parent still be entitled to 2-bed flat as son comes home for holidays? Its an assured shorthold tenancy. When son home for summer holiday, would parent loose SDP? Disabled daughter stays one week-end in four - does this make any difference? Any help appreciated

  

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Replies to this topic
RE: Size of accomodation if child at university and parent's entitlement to severe disabilty premium, jmembery, 17th Jul 2008, #1
RE: Size of accomodation if child at university and parent's entitlement to severe disabilty premium, Nicola Wallace, 17th Jul 2008, #2

jmembery
                              

Benefits Manager AVDC, Aylesbury Vale DC - Aylusbury bucks
Member since
01st Mar 2004

RE: Size of accomodation if child at university and parent's entitlement to severe disabilty premium
Thu 17-Jul-08 09:13 AM

From a Benefits perspective, both Rent Allowance and LHA levels depend upon the number of “Occupiers”. These are people who normally live with the claimant. This is not always as straight forward as it sounds and depends upon individual circumstances in each case, however, based upon the information in your post my best guess would be;

The Daughter who only stays with the claimant one week end in four will almost certainly not be classed as normally living with the claimant.

If, the son goes away to university and rents accommodation (halls of residence or private rented etc) then in term time he probably would not be considered to be living with the claimant. He may be considered to be living with the claimant in the long summer vacation, but could then attract a non-dependant deduction if he were to have a summer job.

If the son goes to a university near home and still lives with the claimant then he would, obviously still count as an occupier.

  

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Nicola Wallace
                              

Welfare consultant - Housing benefit advice, Ecallawn Consultancy, London
Member since
06th Apr 2005

RE: Size of accomodation if child at university and parent's entitlement to severe disabilty premium
Thu 17-Jul-08 01:34 PM

Thanks for your reply but there should not be any deduction for the non-dep as the parent gets DLA at middle rate.
It also doesn't seem reasonable to only allow the parent a one bed flat in term time and then a two bed flat for the rest of the year - the son is plans to live in hall out of London.
I am just wondering if there could be a clash with the parent claiming the severe disability premium ( as lives alone during term time) and simultaneously needing a two bed flat all year so that for the son can stay in holidays. Or is the parent best to claim the SDP and wait to see if HB restrict rent to level of one bed?

  

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Top Housing Benefit & Council Tax Benefit topic #6861First topic | Last topic