HB cut when students goes to college

My clients cannot move to smaller accommodation as the need to keep a bedroom for their student daughter. Daughter has left all her possessions in their flat and comes home frequently to see her friends. Her post etc. still goes to parents address.  (The daughter shares a rented flat near her college, a long way from her parents home, which probably doesn’t help the case.)  I am trying to argue that the parents should be entitled to a two bed flat (under LHA) and I have been looking at caselaw. Reference is made to Reg 7 -  temporary absence from home.  Not sure how best to approach this with the council and wondered if anyone had been successful in persuading HB to reverse a decision? Also if Reg 7 is the one to use or not.

hi nicola-

i think CH/2197/2009 should assist -

here’s link to briefcase summary -

http://www.rightsnet.org.uk/briefcase/summary/whether-student-is-to-be-treated-as-occupying-parents-home-whilst-in-halls-/

cheers ros

ros - 11 August 2011 09:00 AM

hi nicola-

i think CH/2197/2009 should assist -

here’s link to briefcase summary -

http://www.rightsnet.org.uk/briefcase/summary/whether-student-is-to-be-treated-as-occupying-parents-home-whilst-in-halls-/

cheers ros

Thank you - I read through this before posting my question and although I will include in my appeal letter, I would like to be able to make a strong case.  The student in in a flat, not a hall of residence which may make it harder to argue.

Have you seen CH/2337/2008?

http://www.administrativeappeals.tribunals.gov.uk/aspx/view.aspx?id=2675