Bedroom tax and university students

A client is under the impression (from the media, and her landlord) that the bedroom tax will hit families where a child goes to university. However, from:
http://www.jrht.org.uk/sites/files/jrht/uploads/12/09/Bedroom Tax.pdf

What about children who are away at University?
Provided that the student is not getting HB at their student address, they are coming home regularly, and their room has not been sublet, then they should be deemed to be occupying the property as their home and therefore will need a bedroom.

So as long as a term is less than 13 weeks, this seems consistent with http://www.dwp.gov.uk/docs/a4-2012.pdf

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.

So won’t most students’ parents be ok with the bedroom tax, as long as they have not yet permanently left home?

Craven CAB welfare benefits - 20 February 2013 04:45 PM

A client is under the impression (from the media, and her landlord) that the bedroom tax will hit families where a child goes to university. However, from:
http://www.jrht.org.uk/sites/files/jrht/uploads/12/09/Bedroom Tax.pdf

What about children who are away at University?
Provided that the student is not getting HB at their student address, they are coming home regularly, and their room has not been sublet, then they should be deemed to be occupying the property as their home and therefore will need a bedroom.

So as long as a term is less than 13 weeks, this seems consistent with http://www.dwp.gov.uk/docs/a4-2012.pdf

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.

So won’t most students’ parents be ok with the bedroom tax, as long as they have not yet permanently left home?

“less than thirteen weeks or 52 weeks for students”

Can anyone point to the exact legislative reference for this particular detail?

nevip - 21 February 2013 10:47 AM

“less than thirteen weeks or 52 weeks for students”

Can anyone point to the exact legislative reference for this particular detail?

Is it HB Reg 7(13) [13 weeks] and 7(16)(c)(viii) and 7(17) [52 weeks students] ?

Thanks Jon.  Of course it is.  I was confusing myself entirely.

Decision CIH/2197/2009 - http://www.osscsc.gov.uk/Aspx/view.aspx?id=2953 covers this issue in LHA cases.  Same principles should apply to tenants in social housing with a son or daughter studying away from home.

Most undergraduate terms are only 10 weeks after all.

Does anyone know if the bedroom tax exemption also applies to children who are away from home temporarily doing a part-time university course rather than full-time?

In R(H)8/09 Judge Williams held on the facts of the case that the student in question was to be treated as occupying the claimant’s dwelling under Reg 7(16)(c)(viii) and (17)

Reg7(16)(c)(viii) refers to “a student to whom paragraph (3) or (6)do not apply”.  Sub paragraphs(3) and (6) are concerned with payments in respect of which HB may be paid and so they will not apply in this context.

“Student” is defined in Reg 53 as:

      a person, other than a person in receipt of a training allowance, who is attending or undertaking –
        (a) a course of study at an educational establishment; or
        (b) a qualifying course;

Given that Reg 16(c)(viii) refers only to a” student” and not to” a full time student”, the person is therefore allowed the room when determining the bedroom tax