Non dep or join tenant

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  • #38546
    Anonymous
    Guest

    The lastest version of the LHA guidance says that an extra room is allowed for a non tenant, who is in fact part of the claimant household. What is the legal basis of this guidance?

    #108734
    APT
    Participant

    I’ve not read the guidance but if it uses the term “part of the claimant’s household” then (I imagine) the legal basis will be Reg 21 of the HB Regs 2006.

    Maximum LHA rate is set by reference to occupiers (rather than members of the household). Regs 19-21 talk about members of the claimant’s household (partners and children) and 21 starts :

    (1) Subject to paragraphs (2) to (4), the claimant and any partner and, where the claimant or his partner is treated as responsible by virtue of regulation 20 (circumstances in which a person is to be treated as responsible or not responsible for another) for a child or young person, that child or young person and any child of that child or young person, shall be treated as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.

    The last line and a half above seems to fit the bill (I can’t bold it but from shall be treated onwards), or have I got your query wrong? That reference to tenant is throwing me off a little…

    #108758
    Anonymous
    Guest

    It should have been joint tenant who used to be on the claim as a non dependant. My Apologies

    #108762
    RobBox
    Participant

    CH 107 10 or [2011} UKUT 156 (AAC) may have covered this?

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