Size criteria and students living away at Uni

I’m pretty sure that under the new size criteria for social tenants the parents of a student who lives at Univerity in Halls of Residence for 40 weeks of the year won’t be able to get HB for a room for him.

Do the regs specifically cover this anywhere or is it just the normal HB regs about where someone normally resides?

Can the parents ask for HB for extra bedroom for the 12 weeks when the son comes home?

Any help appreciated

Hi
As far as I am aware the normal HB regs would apply i.e. as long as they return in the long summer break then they are regarded as residing in the property. That’s what I have been advising anyway!

Yes - now found decision re: this in LHA. CH/2197/2009 says if the student is not getting Housing Benefit at their student address (eg lone parent / disabled) and they are coming home regularly or at least for the summer holidays (within 52 weeks), 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.

Is that what’s happening in private rented sector?

I had a gap in advice work and before I left a few years ago parents of students weren’t getting LHA to include a room for student children away at Uni but this CD suggests they do now?

Any experience of this?

here’s a link to CIH/2197/2009 -

http://www.osscsc.gov.uk/Aspx/view.aspx?id=2953

see also R(H)8/09 -

http://www.osscsc.gov.uk/Aspx/view.aspx?id=2675

cheers ros