Regulation 13D (3) states that the claimant is entitled to one bedroom for each category of occupier, 13D (12) defines an occupier as “persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household”.
So if you decide the subtenant ccupies the claimant’s home, then they should be included in the room allocation.
The LHA GM has apparently been written without reference to the new D&A Regulations – 7A and 8(15). I have raised this with the implementation team and they are consulting their solicitors apparently.The new regs make the effective date for a change to the LHA effective from “the first day of the benefit week in which the determination…. was made”.
