Armed Forces personnel and spare room subsidy ….

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • #46408
    DJM
    Participant

    … or whatever we're calling it this week. :p Circ A10/13 says that to award an exemption to under occupancy they must have been a non dep on the claim prior to deployment. What happens if they were not on the claim and we suspect that they were only declared to avoid subsidy? Do we refuse award or do we ask for date they moved in and apply non dep deduction from that date? If we refuse because not on claim would they be able to appeal that decision? The Regs just say "claimant's non dependant has become a member of the armed forces away on operations". Any clues gratefully received!

    #130977
    Jane Gilmore
    Participant

    I think you have to assume that this would be their normal home so they would be part of the household before being deployed. I would turn it down if they were not declared previously.

    #130982
    Jane Gilmore
    Participant

    Ha ha, yeah I know that feeling. Never mind, it’s nearly the weekend 😀

    #130981
    DJM
    Participant

    That’s what we were thinking, but then doubt crept in… *sigh*

    #131004
    Julian Hobson
    Participant

    There is only one question really “do they normally reside with the claimant” if the answer to that is yes then they are a non dep and when on operations the non dep charge doesn’t apply. If the answer is “No” because they normally reside elsewhere (a good test is do they pay the army for accommodation and does it include council tax (it almost certainly will))then the non dep charge never applies even when they return home during periods of leave, but of course the bedroom tax will apply. You can’t normally reside in 2 places at once.

Viewing 5 posts - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.