Count a non-dependant shared by joint tenants in each tenant's Housing Benefit size criteria #2029

Problem

In a household whose rent is shared by joint tenants (liable_for_share_of_household_rent, from #2006), a non-dependant who lives with them is handled inconsistently by Housing Benefit:

• the HB size criteria (housing_benefit_LHA_allowed_bedrooms, housing_benefit_LHA_additional_bedrooms) count the non-dependant only for the household head's family;
• the young individual's shared accommodation test (13D(2)(a)(i), via lha_renter_has_non_dependant) gives the non-dependant only to the household head's family;
• yet the HB non-dependant deduction (housing_benefit_non_dep_deductions) is apportioned across every joint tenant by rent share (reg 74(5)), and so is the Council Tax Reduction deduction (Sch 1 para 8(5)).

So a sharer who bears part of a non-dependant's deduction gets neither the bedroom nor the exemption from the shared accommodation rate.

The model also cannot express the opposite case: a non-dependant who lives with one joint tenant only. That tenant should count them alone and bear the whole deduction.

Law and guidance

• HB Regs 2006 reg 3(1) (SPC reg 3(1)): a non-dependant is a person "who normally resides with a claimant or with whom a claimant normally resides". Joint occupiers are excluded (3(2)(d)). "Resides with" requires sharing accommodation other than a bathroom, lavatory or communal area (3(4)). Whether someone normally resides with a claimant is a question of fact: JP v Bournemouth BC [2018] UKUT 75 (AAC), [2018] AACR 30, para 34.
• Reg 74(5) (SPC reg 55(5)) apportions the deduction only "Where a person is a non-dependant in respect of more than one joint occupier".
• CTR: SI 2012/2885 Sch 1 para 8(5), and the Welsh and Scottish equivalents, apportions equally only for "a non-dependant of two or more of the liable persons".
• LHA Guidance Manual (April 2014):
  • para 2.110: "Joint tenants who have a shared non-dependant have the person counted for the size criteria, but only have an apportioned non-dependant deduction". In the example, John and Alex each get the two-bedroom rate because Peter is counted in each tenant's calculation.
  • para 2.093, example 2: Sarah's sister Susan is Sarah's non-dependant only, so Sarah gets the two-bedroom rate and Rachel the shared room rate.
  • para 2.123, example 4: Suki is shared, and her deduction is apportioned.
• HB Guidance Manual A5 para 5.622: "If a person is a non-dependant of only one of the joint occupiers, take the whole of the deduction from that joint occupier's entitlement."
• Universal Credit is different. UC Sch 4 para 9(2)(f) means a non-dependant counts in one UC claim only, so UC is out of scope.

Proposal

Add a BenUnit input non_dependant_normally_resides_with, set on the non-dependant's family. Its values are:

• EVERY_JOINT_OCCUPIER, the default (2.110);
• HOUSEHOLD_HEAD_FAMILY;
• OTHER_JOINT_OCCUPIERS (2.093 example 2 in either orientation).

Use it consistently for:

• the HB size criteria and additional bedrooms;
• a new HB-only housing_benefit_claimant_has_non_dependant for 13D(2)(a)(i);
• the HB reg 74(5) and CTR para 8(5) apportionment, both national and local schemes.

Boarders and lodgers stay with the household head, whom they pay. UC is unchanged.

Follow-up from #2016 (chip task_92f4edd1).