Who is a ‘linked person’ ?

Hi all,
Could someone please advise me as to the definition of a ‘linked person’ as detailed below at 12BA (3) or where I could find it. Thanks in advance.
Chaos.

Housing Benefit (Amendment) Regs 2012:

“Eligible rent and maximum rent (social sector)
12BA.—(1)  This regulation applies where a maximum rent (social sector) has been, or is to be, determined in accordance with regulation A13 (when a maximum rent (social sector) is to be determined).

(2) Except where paragraph (3) or (6) applies, the amount of a person’s eligible rent is the maximum rent (social sector).

(3) Where the claimant occupies a dwelling which is the same as that occupied by the claimant at the date of death of a linked person, the eligible rent is—

(a)the eligible rent which applied on the day before the death occurred; or .
(b)in a case where no eligible rent applied on that day, an eligible rent determined in accordance with regulation 12B(2), .
where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

You will find it in Reg 2.

The “family” (claimant, partner, dependant children/YPs) are included, as well as any other “relative” who does not have a separate right of occupation.  Non-deps and joint tenants do not have a separate right of occupation, people with their own separate tenancy/licence direct from the landlord do have a separate right.  In other words, anyone whose death compromises the existing or inherited tenancy under which the new claimant occupies the dwelling is included.  In particular I think you have to look at whether there was a separate right of occupation at the point of death - that way former non-deps who succeed after the tenant’s death are still covered.

“Relative” in turn is defined as a “close relative”, grandparent, grandchild, uncle, aunt, nephew or niece
“Close relative” is further defined as parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, stepson, stepdaughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple

We could go on to follow up the definition of “couple”, but I am sure you have got the picture by now.

Hi Anorak…

Thanks for a speedy reply however the amendment regs refer specifically to ‘linked person’ but reg 2 has no definition of this specific term.
Is there such a definition that equates ‘linked person’ to ‘family’ as detailed in your reply?

Altered Chaos - 03 April 2013 10:26 AM

Hi Anorak…

Thanks for a speedy reply however the amendment regs refer specifically to ‘linked person’ but reg 2 has no definition of this specific term.
Is there such a definition that equates ‘linked person’ to ‘family’ as detailed in your reply?

from reg 2:-

“linked person” means–
(a) any member of the claimant’s family;
(b) if the claimant is a member of a polygamous marriage, any partners of his
and any child or young person for whom he or a partner is responsible and
who is a member of the same household; or
(c) any relative of the claimant or his partner who occupies the same dwelling
as the claimant, whether or not they reside with him, except for a relative
who has a separate right of occupation of the dwelling which would
enable them to continue to occupy it even if the claimant ceased his
occupation of it

That’s Reg 2 of the principal HB regs, not the bedroom tax amending regs.  The term “linked person” already existed for LHA and LRR cases so the bedroom tax just uses the same definition.

Hi Jon and Anorak

Thanks very much, I was looking in the wrong place (my brain must be slightly addled!).
What a shame it appears our client is stuffed but I appreciate the very speedy response from you both.

Chaos