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Top Housing Benefit & Council Tax Benefit topic #587

Subject: "HB reg 50: non student partner claiming for university accommodation" First topic | Last topic
jimt
                              

Welfare Rights Officer, Dunedin Housing Association, Edinburgh
Member since
19th Feb 2004

HB reg 50: non student partner claiming for university accommodation
Wed 04-Aug-04 03:29 PM

I'm needing re-assurance as my advice will determine whether an entire family ups sticks and moves to London!

The family consists of a husband and wife and four children. High rate DLA care/mob is paid for one of the children and Mum claims carer's allowance for this care.

At the moment the husband signs on and claims I-JSA for the whole family. But he has been offered a place on a full time university course in London. He has been offered family accommodation owned by the university. The tenancy agreement is likely to be in his name only.

The family need to know that they can get HB to help pay the rent for the family accommodation provided by the university. But I am very very worried about HB reg 50. HB reg 52 means that even if the non-student mum claims HB, reg 50 still applies. I have looked at the recent amendment to HB reg 50 - reg 7 of
http://www.hmso.gov.uk/si/si2004/20041708.htm
but as far as I can see reg 50 would prevent HB entitlement??

  

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Replies to this topic

AndyRichards
                              

Senior Training Officer, Brighton and Hove City Council, Brighton
Member since
26th Jan 2004

RE: HB reg 50: non student partner claiming for university accommodation
Thu 05-Aug-04 09:27 AM

The way I see it, his partner can be treated as liable and as she is not a student, 48(A) does not apply. See Reg 6(1)(e).

Therefore she can apply for HB and they should be eligible under the amended Reg 50. I don't see that Reg 52 causes a problem - in fact I can't quite see what the point of Reg 52 is now.

  

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Top Housing Benefit & Council Tax Benefit topic #587First topic | Last topic