Bedroom Tax and The Forces

[edmondo]

My son joined The Royal Navy at the end of 2013. I am in receipt of housing benefit and have been taken to have a spare bedroom. After researching various sites they tell me I should be exempt from the bedroom tax because I have a son involved in operations in the forces and he will eventually return home. First, refusal was because my son wasn`t on a ship, now he is on a ship they tell me he is still classed as living at home. If this is the case, what criteria do people in the forces have to satisfy? I was even told that his income would be taken in to concideration and that would cancel the amount of housing benefit I would receive.

[id6052]

The exemption has been so badly worded that very few people benefit from it - though it allows ministers to say they are protecting people in the armed forces.

 

The actual regulation states:

(8) For the purposes of determining the number of occupiers of the dwelling under paragraph (5), the relevant authority must include any member of the armed forces away on operations who—

(a) is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;

(b) was the claimant’s non-dependant before they became a member of the armed forces away on operations; and

© intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations.

In effect this means that immediately prior to being on operations, they would have to be normally living in your home.

 

Problem 1

This does not apply to most armed forces personnel as before going on operations, they are normally living in camp/barracks/etc.

So therefore no bedroom allowed.

 

Problem 2

If they were to be treated as normally living with their parents rather than camp/barracks/etc, an extra bedroom can be allowed.

However this means that the parents are treated as having a non-dependant living at home, which means that for any period the non-dep is not on operations, their parents' HB is subject to a non-dep deduction which is usually £91.15 per week.

 

It is generally a lose-lose situation.

[edmondo]

The exemption has been so badly worded that very few people benefit from it - though it allows ministers to say they are protecting people in the armed forces.

 

The actual regulation states:

(8) For the purposes of determining the number of occupiers of the dwelling under paragraph (5), the relevant authority must include any member of the armed forces away on operations who—

(a) is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;

(b) was the claimant’s non-dependant before they became a member of the armed forces away on operations; and

© intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations.

In effect this means that immediately prior to being on operations, they would have to be normally living in your home.

 

Problem 1

This does not apply to most armed forces personnel as before going on operations, they are normally living in camp/barracks/etc.

So therefore no bedroom allowed.

 

Problem 2

If they were to be treated as normally living with their parents rather than camp/barracks/etc, an extra bedroom can be allowed.

However this means that the parents are treated as having a non-dependant living at home, which means that for any period the non-dep is not on operations, their parents' HB is subject to a non-dep deduction which is usually £91.15 per week.

 

It is generally a lose-lose situation.

 

 

There was a case in The Dail Mail in January 2014 were someone won their case at a tribunal. Maybe they have tightened the rules since then? Tje woman had two sons that lived in barracks.

[edmondo]

It`s ok, I`ll try and find help somewhere else