Non-dep + Dep = Couple?

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  • #34788
    crf01
    Participant

    A 17 year old non-dep moved into the household back in January this year and the effect was to increase the number of bedrooms required for LHA. I am now aware that the non-dep (recently split-up) was the girlfriend to a 16 old dep in the same household. LHA appears to classify all persons aged 16 or more as adults. On face value, I consider that the above situation should only give entitlement to one bedroom rather than the two bedrooms. Any thoughts and help would be gratefully received.

    #97758
    peterdelamothe
    Keymaster

    The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—
    (a) a couple (within the meaning of Part 7 of the Act);
    (b) a person who is not a child;
    (c) two children of the same sex;
    (d) two children who are less than 10 years old;
    (e) a child.

    So the question is do the dep and non-dep fall into a). The definition in reg 2 would include them – a man and woman who are living together as husband and wife. This cannot apply to a “child” but the “man” in your case is 16.

    So I think you are right that it is possible for just one bedroom to be awarded. But the LTHAW rules require a lot more than just dating or going down the pub together especially at 16 /17 years old.

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