Bedroom tax when non dep in prison

What’s the situation with a non dep in prison and Hb have applied the bedroom tax?  Is it linked to whether it can be classed as a temporary absence, he has been sentenced but I’m unsure as yet to length of sentence.

thanks

Yes, the temporary absence provisions in HB Reg 7 apply.  This is because the bedroom tax relies on the number of people who occupy the claimant’s dwelling as their home and HB Reg 7 is used to determine whether any person (not just the claimant) occupies the home.  This means that a non-dependant serving a prison sentence will not be counted as an occupier unless their total absence from home (including time on remand) is not expected to exceed 13 weeks.

thanks so much HB Anorak