Hello,

If a single adult lives in a 2bed-roomed property because one of their children lives with them during all the school holidays and some weekends but with the other parent the rest of the time, are they still only able to claim the 1 bed-roomed rate?

I can't get the answer out of the LHA website..........

Thanks

My guess is that LHA is so new there may not yet be any case law on the point.

Thu 22-Apr-10 06:37 PM by Kevin D

Based purely on HB legislation, a child can only occupy one household in any given week. So, on the face of it, the child is not an occupier for the weekends. As for school holidays, it may be possible to argue that that is a change of circumstances engaging the 2-room rate. But, I wouldn't wager a cent on the outcome (either way) relating to that.

As suggested in other threads on Rightsnet, in a variety of contexts, it *may* be open to argument that the legislation restricting LHA levels to one room levels in cases parents have split responsibility for children could be contrary to elements of the Human Rights Act (e.g. right to family life). However, to my knowledge, there is currently no case law or other legal authority to confirm this one way or the other.

In short, there is nothing to stop you arguing it / appealing etc, but the outcome is far from certain.

have had success in securing a discretionary housing payment in this situation and agree that LHA is not flexible in addressing the need for additional bedroom.