Joint tenant under occupation

I’m trying to make sense of the bedroom tax under UC for joint tenants and having a bit of difficulty. A formula for calculating the deduction is included in para 36 of schedule 4: “AxB”.  B is the 14% or 25% according to how many extra bedrooms as is familiar but it is the A bit that is causing me trouble.  According to subpara (2) A is either

“(a) In relation to any deduction under paragraph 34, is the amount resulting from step 2 or 3 in that paragraph (as the case may be)” – para 34 applies to non joint tenants so this does not seem to apply

“(b) in relation to any deduction under paragraph 35(3), is the amount resulting from step 3 in paragraph 35(2)” – subpara (3) of para 35 only applies where all joint tenants are listed persons (defined as renter, other member of couple and child) so this does not apply (subpara(4) of para 35 deals with joint tenants where they are not all listed persons)

So it seems that for joints tenant where they are not all listed persons A=0 and there is therefore no under occupancy deduction. But then that doesn’t seem right so can anyone tell me where I’m going wrong?

The House of Commons library gives the following example.

Standard Note:
SN/SP/6272

Last updated:
7 February 2013

“In cases of joint tenants the eligible rent is apportioned appropriately between the tenants after the percentage reduction has been applied. For example three individuals jointly responsible for rent live in a four bedroom property. Total eligible rent =£100. A 14% under occupancy reduction is made and then the rent is apportioned £100 -£14, divided by 3 = £28.67.”

I agree with you Damian. This doesn’t work properly for a mixture of listed and other persons.

Para 36(2)(b) needs an additional reference to to 35(4) - as it stands it doesn’t make sense.

I’m wondering if we’ll get to see any of the problems with the UC regs fixed in draft form before 29 April.

Maybe that’s what Dave Brown was trying to tell about here:  http://www.rightsnet.org.uk/forums/viewreply/18095/

(just before he was liquidated by DWP internal security.)

I understand that there will be changes to the regs after the budget.