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Bedroom Tax and Mixed Aged Couple under UC

VLMS
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Grwp Cynefin Welfare team

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I have a mixed aged couple in a four bed-room RSL who appear to be getting full housing costs under UC. He is pension age with SRP and Occupational Pension and she in the LCWRA group under UC with PIP enhanced DL and enhanced MOB. The two cannot share due to disability but no other people in the home or overnight Carers. Does his Pension age ensure no bed-room tax applied?  NO HB ever been in payment.
Be grateful for any advice as cannot find the information I need!
Thanks

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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VLMS - 04 March 2022 12:01 PM

..Does his Pension age ensure no bed-room tax applied?

I don’t think think so but haven’t found confirmation but I think that’s likely to be because there is no reason to state that bedroom tax applies. It applies unless we can find a regulation that says it doesn’t and I can’t.

[ Edited: 4 Mar 2022 at 04:42 pm by Ianb ]
UB40
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Debt Advice + Community Money Advice Launceston

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Unfortunately with UC as distinct from HB there is no exemption from the bedroom tax for a mixed age couple, see below though.

Exceptions to the size restrictions
3aYour client’s Housing Benefit or Universal Credit won’t be affected by the size restrictions if one of the following apply:

they live in temporary accommodation after applying as homeless, and the local authority is leasing the accommodation from a private landlord
they live in supported accommodation - find out more about supported accommodation
they have a shared ownership tenancy which means they bought a share of the property and pay rent for the rest - find out more about shared ownership
3aa

Your client also won’t be affected by the size restrictions if both of the following apply:

they or someone they live with experienced or was threatened with domestic abuse - you can check what domestic abuse is
their local council added extra security to their home under a sanctuary scheme
Your client will need to get evidence about their situation from someone official - for example the police or a domestic abuse organisation.

3bYour client might not be affected by the size restrictions for a limited time if either:

someone who lived there has died
someone who lived there is temporarily absent

If your client gets Universal Credit
3cYour client won’t be affected by the size restrictions if someone they live with is a joint tenant. This doesn’t include a joint tenant who is your client’s:

partner, child if they’re under 20 years old and in full-time non-advanced education - for example, at school or college

https://data.parliament.uk/DepositedPapers/Files/DEP2021-0835/143_Social_Rented_Sector_V1-0.pdf

VLMS
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Grwp Cynefin Welfare team

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Great - thanks for this! I thought it didn’t seem right.