Interpretation of Reg 13D (2)(b)

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  • #34618
    Anonymous
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    Can any help with interpretation of Reg 13D (2)(b) below “in bold”. I’m trying to understand what this sub para, is providing for (the bit about non dep and people paying rent) in practical terms and how does it fit in with 13D (2)(b)(i), (ii).

    and in this sub-paragraph “room” means a bedroom or room suitable for living in [b:cced274fb1]except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;[/b:cced274fb1]

    #97333
    Anonymous
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    I think it is a belt-and-braces provision for the avoidance of doubt

    The preamble to subpara (b) requires the claimant (and his partner if there is one) to have exclusive use of the facilities specified in heads (i) and (ii); and the subpara is only engaged in the first place in the case of a single person or couple who have no other household members.

    It is difficult to see how:

    – a single person or couple could have exclusive use of a room and yet share it with non-household members, and
    – a claim by a single person or couple of the kind that subpara (b) refers to could ever include “a member of his household, a non-dependant of his, or a person who pays rent to him or his partner”.

    So the last part of subpara (b) is tackling an issue that probably cannot arise in practice, but I think the intention is to make it completely clear that use of common rooms in a shared house or HMO does not qualify as “exclusive use” for the purposes of subpara (b).

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