Client (female) needs to move home. Lives with adult son (who works). Enquired how much HB would get for 2 bed property she had identified. Was told:-

1. Property too big - would be restricted to 1 bed rent level; and

2. NDD would be applied to the 1 bed level for the son.

Is this in accordance with Regs. please? If so, it would seem to imply that the rent should be restricted for any claimant with adult ND in the house, or a dependent child who then becomes an adult and thus an ND. Can this be right?

The LA is wrong. A non-dep counts as a valid occupier for the size criteria & the LA should include BOTH the clmt AND the non-dep on any R/O referal.

If the clmt (& non-dep) occupies a 2-bed + 1 living room property + 1 kitchen + 1 bathroom; she is not overaccommodated.

However, whatever size the property is, a non-dep deduction will be applied (unless the clmt is on AA or DLA-care).

Best bet is for your client to ask for a PTD and make sure that the non-dep is included.

Regards

Agree with Kevin that LA is completely wrong. You do not say if your client is currently receiving HB on their current address. If they are then presumably this LA (or an LA somewhere) is already paying HB on a 3-room property? Might be worth gently pointing this out to them?

Many thanks. Client not previously on HB. PTD now done.