Bedroom tax and full time student

Hello

I’ve just spoken with a client who is a council tenant on legacy benefits and whose 19 year old son is a full time student.  She is the main tenant for HB and is receiving HB for 2 bedrooms.  Her son has just this week signed a 1 year tenancy for a private rented flat with a friend as halls of residence was only available for year 1.  Question is, will HB treat this as her son residing elsewhere and therefore subject her to the bedroom tax?  He still comes home regularly as he has his GP & psychiatrist near his Mum’s etc. 

I’ve checked the HB circular A4/2012 which states “My child is away at university, can I keep their room for when they are home in the holidays? The new size limit rules do not allow for this, unless the absence is temporary (less than thirteen weeks or 52 weeks for students) and the young person concerned intends to return home” and R(H)_8-09bv.doc & [2010] AACR 40.

The above all state that the bedroom tax doesn’t apply for full time students away from home but do not specifiy if having a private tenancy whilst a full time student will change matters.

My client has severe anxiety and the threat of the bedroom tax is a worry to her.

Thanks!

It really is every case on its merits.  The Council will have to decide from all the facts where it considers his normal home to be for the purpose of his mother’s HB claim, in which he is not the “claimant” for the purpose of Reg 7(3).  As well as R(H) 8/09, see also this decision which comments on the use of the word “claimant” as opposed to “person” in Reg 7(3): https://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=2953.

Having a private tenancy rather than student halls of residence is perhaps very slightly more indicative of where one’s normal home is, with perhaps utility accounts in his name there.  But it is by no means decisive on its own.  Intended duration of residence there and purpose of obtaining the accommodation will be more important I think.

Thank you so much!

I feel the argument that their real home is with your client is very strong:  they return home every 13 weeks. GP, consultant, etc are there.  Also permanent address, voting register? ............  It is almost impossible as a student to rent something for term-time only apart from actual halls of residence - at the very least the tenancy will go over the Christmas and Easter holidays, so they may be renting it but not living there.

Very true, thank you Ruth 😊

I dont think the private tenancy/halls issue is all that relevant

Not every student will manage to secure a place in halls of residence so they will need to rent privately.

I think there is plenty of mileage in R(H)8/09 and that you can argue by analogy with the provisions in Reg 7(3) and 6(b)  that providing the student returns “home” in the vacations that the claimant is entitled to a room for that student

Reg 7(3) and (6)(b) only refer to the “dwelling” that is occupied by the student.  There is no differntiation between halls and private lettings

Yes, I maybe didn’t make it clear.  I wasn’t suggesting that the distinction between halls/private renting mattered legally.  Just thought maybe with halls it might have been easier to establish he wasn’t there during breaks so no question of its being his dwelling.  But as Stainsby says, the question is what is his real dwelling and establishing that he returns home with no gaps more than 13 weeks.  There is good case law here.