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Give benefit-unit members aged 16 or over a bedroom in the LHA size criteria #2008

Description

@MaxGhenis

Problem

The LHA size criteria give no bedroom to a member of the benefit unit who is aged 16 or over and is not the claimant or partner. The commonest case is a qualifying young person in full-time non-advanced education living with their parent.

LHA_allowed_bedrooms (Universal Credit) and housing_benefit_LHA_allowed_bedrooms (Housing Benefit, on #2006) count:

  • one bedroom for the claimant or couple;
  • one for each non-dependant (UC), or other occupier (HB), aged 16 or over outside the benefit unit;
  • children's bedrooms for members under 16 only (bedrooms_for_children).

So a lone parent with a 17-year-old at college is assessed for one bedroom (category B) instead of two (C). On main the older formula subtracts every benefit-unit member aged 16 or over, which has the same effect.

The law

  • Universal Credit. UC Regs 2013 Sch 4 para 10(1) gives one bedroom to each of:

    • (a) "the renter (or joint renters)";
    • (b) "a qualifying young person for whom the renter or either joint renter is responsible";
    • (c) "a non-dependant who is not a child".

    Under para 9(2), anyone else aged 16 or over who normally lives with the renter is a non-dependant. The exception relevant here is (g): "a child or qualifying young person for whom no-one in the renter's extended benefit unit is responsible", for example one looked after by a local authority (reg 4(6)). A child is a person under 16 (WRA 2012 s.40).

  • Housing Benefit. HB Regs 2006 and HB (SPC) Regs 2006 reg 13D(3)(b) (2006/213, 2006/214) give one bedroom to "a person who is not a child". A child is "a person under the age of 16" (reg 2(1)).

Fix

Give each member of the benefit unit aged 16 or over who is not the claimant or partner a bedroom:

  • UC: a qualifying young person the renter is responsible for (is_child_or_qualifying_young_person_for_universal_credit), under para 10(1)(b). Any other member aged 16 or over gets one as a non-dependant under para 10(1)(c). The exception is a qualifying young person no one is responsible for (para 9(2)(g)).
  • HB: any member aged 16 or over, under reg 13D(3)(b).

Activity

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