Client is one of a couple plus a son of 17 and a daughter at University. They have recently rented a three bedroomed house ( following reposession of their own home) BUT LA are only allowing LHA for a two bedroomed property stating daughter is not part of their household.

Is this correct? Given the long summer holidays plus Christmas and Easter breaks and some weekend visits daughter will be at home probably 6 months per annum.

Any advice welcome

It is a matter of fact in each individual case where a person’s home is. See the discussion below for some pointers in helping to decide the issue.

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=103&topic_id=4994&mesg_id=4994&listing_type=search

Thanks for the above Nevip it was most helpful although as client lives in Cheshire and daughter is at uni in Nottingham I do not think I can argue that Cheshire is her place of residence. It will have to be a DHP!

I wouldn’t be so willing to cede the point quite so readily if I were you. You say that she “will be at home probably 6 months per annum”. Your use of the word home is interesting. Is that what she sees as her ‘home’ also?

For instance, where does she get her mail sent? Where does she keep most of her belongings? Has she, in all senses of the phrase (both subjectively and objectively) ‘left home’ or is she just temporarily residing elsewhere for the purpose of pursuing her studies, returning ‘home’ as and when she is able?

The fact that the family home and the uni are in different geographical regions is not directly relevant. The issue is which is the dwelling usually occupied as the home.

Even the DWP Guidance manual is unclear on this point.

Grown up children
4.1542 If a claimant’s grown up child is a student or trainee living away from home for periods of study or training, only include them in the referral to the rent officer if you are satisfied that the parental home is, at the time of referral, the dwelling normally occupied as their home.

4.1543 When the non-dependant moves away to live elsewhere for whatever reason, but not a student living elsewhere during term-time, do not include them as occupiers in the referral.

You could argue that the bit in bold would suggest that you would treat a student an an occupier if they are only away during term time (and presumably return home for holidays).

(although this mentions referrals, the guidance should hold true for determing who is an occupier for LHA)

Thanks to all the above for your helpful comments. The decision has been appealed so will post the outcome whenever that might be.

Just wondering whether you have an outcome of the appeal yet? I've got a similar case coming up, where the daughter is going to Uni. this autumn.