Hi I have a client who was being paid the three room rate of LHA and then her claim was suspended as CHB ended for one of her two children. Client provided a student exemption certificate for her eldest daughter who stopped being a dependent as she moved from ‘A’ Levels to University.

The LA has now reassessed the claim and is paying only a 2 room rate as they say the daughter is away at University although she comes home Friday to Monday as she is at University in Reading and home is in SW London.

Is there any provision for arguing that she remains as part of the household my worry is that as technically most of the week she is away at college but then when all the weekends, holidays are factored in that my client loses her 3 room rate to 2 room rate.

Thanks in advance

What are the student's living arrangements when at uni?

student halls i think

isnt there any scope to argue that she is only away from the household temporary as she is back each weekend and then she intends to return home within 52 weeks. so would it not be reasonable to treat here as being part of the household?

spoke to the client and note:

the client's daughter comes home on Friday's and will be home for all the vacations etc and when graduates intends to return home. i think there maybe scope for arguing she remains part of the household and so the 3 room rent should be applied

LA's actually have the power to choose whether the "study" home or the parental home is the normal home. This is how students can get HB for the study home even thought they may still live in the parental home some of the time (although of course only a few FT students have eligibility now anyway). I would say that you could argue that the parental home is still the normal home for this person and she should be counted as an occupier there. Obviously that would have to be consistently applied - she can't then argue that the study home is her normal home for some other purpose - but it does not seem like there's any point in her doing so.

thanks, when you say the power to, what act or regulation is that within?

thanks again

I was thinking of Reg 7(3) of the HB Regs 2006.

Now I must admit that it now occurs to me that your scenario doesn't actually fit this reg. Reg 7(3) is about being able to treat the student as normally living in whichever property on which they are liable to pay rent. It is applied where it is the student who is the claimant and gives them HB eligibility for the dwelling on which they are liable to pay rent.

So now I am not so sure how it helps you.

However, given the amount of time this person spends in the parental home and her intention to go back to living there would still support treating her as occupying that dwelling for LHA purposes

cheers for that Andy i like your logic