Reply To: Claimants in caravans


David – to answer your question, the issue in the case I have been involved in is whether two separate eligible rent calculations can be made under two different Regs at the same time, except in the circumstances prescribed by Reg 80(10) (treated as occupying two dwellings). WEhere Reg 80(10) does not apply, there seems to be nothing that allows the aggregation of two separately calculated eligible rents under Reg 12B and 12C, or Reg 12B and 12D, or Reg 12C and 12D as the case may be. The DWP’s position is that the Council must choose one of the two amounts. The Council in my case has chosen the higher, which is the “rent” or licence payment to the private supplier; HB has not been allowed on the plot fee payable to the Council.

The Council in my case accepts that the licence payment for the hire of the caravan is eligible rent under Reg 12(1)(b) – the problem is allowing that and the site fees both at the same time.