Should the bedroom tax apply in absent joint tenant cases? (UC)

Hi all

Assuming client is a single person, living alone in 2 bedroom property. Absent joint tenant is ex-partner.

Sch 4, para 35 is to be used where the claimant is a joint tenant.
There is no under-occupation deduction listed as part of the calculation in 35(4), unlike para 34 for single tenants.
So no bedroom tax applies where claimant is joint tenant. Is this correct?

Para 35(5) then allows the SoS to determine that if applying 35(4) would be unreasonable, they can determine in ‘such manner as the SoS considers appropriate in all the circumstances, having regards (among other things) to the number of persons liable and the proportion of the relevant payments for which each of them is liable.’

Assuming the answer to my first question is yes, does 35(5) give UC the power to apply the bedroom tax as well as disregarding the standard formula when calculating liability for joint tenants?

You are right that para 35 makes no provision for the bedroom tax.

I suppose subpara (5) gives discretion to create an outcome that resembles the bedroom tax: they could say a reasonable apportionment would be 86:14 in the claimant’s favour.  It is an approach that puts the claimant in the position they would have been in if the absent person were not a joint tenant, which is not irrational.