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Forum Home  →  Discussion  →  Housing costs  →  Thread

19 yr old child, at Uni, now on tenancy - can UC choose how to split UCHE?

Prisca
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benefits section (training & accuracy) Bristol city council

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Total Posts: 231

Joined: 20 August 2015

Mum has lived at property several years and was originally named as the tenant. When her daughter turned 18, she was added as a joint tenant at the next teancy renewal

UC are now treating mum as liable for 50% of the rent/

I know in HB we could choose how to allocate the rent liability, and in cases like this, esp where the child is /was a FT student, we’d treat mum as liable for the full rent

Do UC have the same flexibility? in HB rules, daughter cant be a non dep as shes named as a JT, but in HB there wouldnt be a non dep charge for her anyway
But UC do charge a non dep charge for FT students once they turn 21.

Should I suggest she go back to UC and expain shes paying full amount and ask for HE to e amended to 2 bed rate ( less any non dep charge) or would that be a non starter for UC?

Thanks

Elliot Kent
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Shelter

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Joined: 14 July 2014

For the purposes of the HCE calculation, rent is apportioned equally between joint tenants by default but, as with HB, the SSWP has a discretion to apportion the rent differently. The test is that if it would be “unreasonable” to use the default apportionment, the SSWP can replace it with any other apportionment considered to be appropriate - see para 24(5) and 35(5), sch 4, UC Regs.

The SSWP could decide to apportion all of the rent to mum in this case - if they did so, there would not be any HCC as the daughter is still a joint tenant.

[ Edited: 4 Dec 2024 at 11:32 am by Elliot Kent ]