Advice needed on bedroom tax legislation and students

[Dwerf]

Specifically the legislation.

When my son went to uni (miles away, he's in halls), I looked online and to the best of my understanding, because he was coming home in the holidays, I could be allocated a room for him.

Fast forward to several weeks ago when the HA informed me I owe them a substansial amount due to unpaid rent because of the bedroom tax. I rang the HB office, had a chat, they told me that because I'd failed to mention he was coming home for holidays, they'd considered him to have moved out, they told me to put it in writing that he's away less than 52 weeks and all will be okay.

I've just got a letter. They say they're not aware of these rules, as far as they are concerned, he's moved out. There's no exception for students away temporarily.

I think he's wrong. On this link www.gov.uk/housing-benefit/what-youll-get it does mention it, but not in detail.

Does anyone know where I can find the proper legislation to point to? Please?

They are wrong. Appeal

I intend to. I just want something I can cite without just printing in big block capitals YOU ARE WRONG!. So far I've found several council things all with the same vague stuff as that gov.uk link, and a pdf which is very informative but I'm not ure whether it's what is law of what was being debated.

I wish the HA had informed me months ago that this was building up, so I could have sorted it months ago. You know, like in September.

Hi op.

I found Shelter to be a great source of information when I was dealing with my LA & The Bedroom Tax.

I called the helpline as the website wasn't specific enough.

Best of luck

Cheers, I'll give them a call.

Or lots of calls even, since no-one is available.

Shelter were not helpful. And despite both their website and the govs website stating the 52 week rules, I can't find the relevent legislation on legislation.gov.

netguru do you have any proof they are wrong? Any tips?

Try housing.org.uk scroll down till you get to the info on students.

Yes, I looked on that. It's got the same info as Shelter and the gov website. I spent five hours scrolling through actual legislation on the government site and I've come to the conclusion there isn't any. I've copied the links and the relevent passages to my appeal letter but aside from that, I'm not sure what I can do. The appeal is in but I am unsure whether they'll find in my favour or not. Until then I'm having to suck it up and pay the bedroom tax and extra for the arrears (yay! budget shrinkage!). The appeal could take months apparently.

Sorry I misunderstood your op that you needed the actual legislation. I hope you get it sorted. I don't understand this has happened as the student exception seems to be common knowledge. I for example am not affected by the bedroom tax nor are any of my children students but I knew they were exempt. If you are still having problems try your local mps clinic , they can be very helpful.

Sorry forgot the apostrophe that should say local mp's clinic.

If I lose the appeal I may well get in touch with my MP. I wanted actual legislation so I could point to it and smugly go "You're wrong! You're wrong! And a smug arse, a smug arse who is WRONG!"*

*I understand the poor bloke is just doing his job, I wouldn't actually abuse him.

It does seem to be common knowledge, but with basis in law, apparently. I hope it's not one of these guidelines that councils can pick and choose from. I did find it mentioned in a pdf that says it's a CTC/HB circular, so I've even quoted that.

*No basis in law.

Bah. typo queen.

www.housing.org.uk/policy/welfare-reform/bedroom-tax/

sorry x-post

at smug arse.

cheers ilovepowerhoop that's one of the bits I copied into the letter. See, there's loads of stuff that say it online. Unfortunately one place that doesnt say it is my council website. Pity, I was looking forward to pointing that link out.

I bet everyone has forgotten this thread, but I've won my appeal. My rent account is now clear and they owe me the rent I've paid in the meantime back. Happy days!

Great news Dwerf!
I love a happy update