Reply To: 13 week protection – could afford

#8377
anthony
Participant

[quote:ab87c65c96=”bubble”]not sure if this will help but this is the reply we received from Adelphi when we contacted them with a similar situation:

The wording in HB regulation 13(14) to be satisfied for the provision to apply is that “…a person to whom paragraph (16) applies was able to meet the financial commitments of the dwelling when they were entered into…”. It does not need to be the claimant who could afford the rent, it could be any of the others mentioned or a combination thereof. Therefore, if the rent was only affordable because someone outside the dwelling was helping then HB regulation 13(14) can not apply.[/quote:ab87c65c96]

If this were the interpretation used, couldn’t it be argued that an applicant who had been relying on Tax Credits to pay the rent (in addition to their previous income), then the exemption would not apply?

I would allow the exemption.