My client is going into halls of residence in October and is concerned that his rent of £150-£200 will be restricted by the rent service. My client will be entitled to the disability premium in the calculation of his HB entitlement and is charged a high rent becuase he needs to live in central London to be near his college. The rent includes no service charge, food etc.

Does anyone have any experience of this? Is he likely to be "restricted".

I would suggest that you need to satisfy yourself that the accommodation is actually eligable for HB before you get into the calculation of HB...

Reg 57 (1) of the new regs states; "Subject to paragraphs (2) and (4), housing benefit shall not be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending."

Hall of residance fall into this catogeorgy, unless paras 2 or 4 of that reg apply. Which exemption applies?

But yes, in short, unless your client is a care leaver, the ROR will apply... In light of the DP being applied, you could apply for a DHP, you are likelyv to get one on the strength of your post...

Well I think he falls into 56(2) by virtue of disability doesn't he?

Possibly, but it is not clear why the DP is being awarded (what is the qualifying benefit in payment?)... It is possible that the circumstances of the DP might apply at the outset of the course, but cease once the course commences. As supplying Med Certs to the LA is no longer an option, I am assuming that unless DLA is in payment, and as a F/T course, then if In Cap, that might not continue... It is impossible to know whether HB will be payable, without being sure that the DP will contine to apply...

You dont say how old your cleint is, but if (she is over 19 she may well continue to qualify for IB, but in any case I would recommend that med certs contineu to be supplied to the DWP in order to qulaify for national insurance credits and of course maintain the DP

He is currently entitled to IS on the grounds of incapacity and receives the DP as he has been entitled to the benefit for over 52 weeks. Once he commences the course he will probably no longer receive IS as he will be getting a bursary which is quite high, certainly higher than his personal allowance.

The DWP have accepted his incapacity for work until August next year apparently.

Would the DP not be applicable under these circumstances?

Thanks again

The DP will be applicable until august next year, but after that time I suggest that he keeps providing the medical evidence,or attends the PCA medical.

That way he maintains the DP