Bedroom Tax Issue

[concorde]

I have an 85 year old sister-in-law who has recently moved into a 2 bedroomed flat and she now finds that she has to pay the bedroom tax, is this correct, I thought that persons of pensionable age were exempt this tax.

[BRIGADIER2JCS]

I have an 85 year old sister-in-law who has recently moved into a 2 bedroomed flat and she now finds that she has to pay the bedroom tax, is this correct, I thought that persons of pensionable age were exempt this tax.

 

Is this social housing?

[concorde]

Is this social housing?

 

Yes it is social housing.

[BRIGADIER2JCS]

Yes it is social housing.

 

I think you are correct a lady of this age should not be penalised.

 

I'll see if there are any benefits experts around.

[firstship]

Social Housing, the so called Bedroom Tax Only Applies, if you are under 65 ,the council is wrong.

 

You say she moved recently,was it at her own request? It is illogical to move a a single or married people who under the housing benefits system only qualify for a 1 bed flat, into a 2 bed flat,if this is all that was available then there must be an issue with the council.

 

Regards FS

Edited August 13, 2013 by firstship

[concorde]

Social Housing, I am afraid the so called Bedroom Tax Applies,regardless of age.

 

You say she moved recently,was it at her own request? It is illogical to move a a single or married people who under the housing benefits system only qualify for a 1 bed flat, into a 2 bed flat,if this is all that was available then there must be an issue with the council.

 

Regards FS

 

I think you are quite wrong regarding age, as my wife and I are both pensioners and live in social housing with 2 bedrooms and do not pay the bedroom tax.

[concorde]

I think you are correct a lady of this age should not be penalised.

 

I'll see if there are any benefits experts around.

 

Thanks brigadier, I would point out that it was her choice to move into a 2 bed flat.

[firstship]

Concorde you are 100% correct,I was in the process of amending my reply,

 

FS

[stu007]

Hi

 

This link for the National Housing federation article on this issue may be of help: http://www.housing.org.uk/policy/welfare-reform/bedroom-tax

 

Go to the part near the bottom of the page "How will the bedroom tax operate under Universal Credit"? and have a read.

[estellyn]

are you sure it's the bedroom tax that's being applied - have you seen documentation. If not check in case it is something else reducing her housing benefit. If it is bedroom tax, write a letter challenging it, stating her age and that she is exempt and demanding prompt payment of HB arrears.

[concorde]

are you sure it's the bedroom tax that's being applied - have you seen documentation. If not check in case it is something else reducing her housing benefit. If it is bedroom tax, write a letter challenging it, stating her age and that she is exempt and demanding prompt payment of HB arrears.

 

My sister-in-law went to her local council office yesterday armed with all her documents (not bad for an 85 year old), and was told that as it was her choice to move into a 2 bed flat then she had to pay the bedroom tax. She previously lived in a 2 bed flat in Tavistock Devon and did not pay the bedroom tax, so it appears that because it was her choice she has to pay, what a carry on.

[concorde]

Hi

 

This link for the National Housing federation article on this issue may be of help: http://www.housing.org.uk/policy/welfare-reform/bedroom-tax

 

Go to the part near the bottom of the page "How will the bedroom tax operate under Universal Credit"? and have a read.

 

Hi,

 

I have read all of that document which does not say anything that I can see regarding if you move in to a 2 bed flat from a 2 bed flat even if it is your own choice.

[estellyn]

My sister-in-law went to her local council office yesterday armed with all her documents (not bad for an 85 year old), and was told that as it was her choice to move into a 2 bed flat then she had to pay the bedroom tax. She previously lived in a 2 bed flat in Tavistock Devon and did not pay the bedroom tax, so it appears that because it was her choice she has to pay, what a carry on.

 

There is no 'it was your choice rule', pensioners are currently exempt, unless they live with someone of non pension age. So unless your sister in law has a much younger partner, she is exempt from bedroom tax, in which case she needs to appeal in writing until her case gets to someone with an understanding of the ACTUAL legislation.

[time4change2]

anyone of state pension age or over are exempt from the bedroom tax

[stu007]

Make a Formal Complaint to the Chief Executives office of the Council (ensure you title the letter Formal Complaint) and inform them what you have been told and that you would also like a copy of the Councils Policy on this issue.

[concorde]

There is no 'it was your choice rule', pensioners are currently exempt, unless they live with someone of non pension age. So unless your sister in law has a much younger partner, she is exempt from bedroom tax, in which case she needs to appeal in writing until her case gets to someone with an understanding of the ACTUAL legislation.

 

Thanks for your response estellyn, my sister-in-law went back to her local council yesterday (Thursday) I am waiting to hear from her to see if they have made the situation clearer to her.

 

I think that she may be misunderstanding the situation as her paper work states that she gets benefit for a 1 bed flat or have I got it wrong?

 

She is also saying that she is £70 a month worse of in her benefits since moving from Devon to Yorkshire.

Edited August 16, 2013 by concorde

[firstship]

We( Wife Myself) are in the same situation we live in a Private Rented 2 bed House and receive Housing Benefit for a 1 bed property as this is the maximum size property that we can bid for through Social Housing.

 

It is called locally the LHR" Local Housing Rate" and regardless of how much rent you pay, the council will only pay the average rent for a 1 bed property in the area by way of Housing Benefit,the fact that there is NO social Housing for them to compare it to in the village we live in is apparently irrelevant

 

You say the Lady is £70 worse off since moving from Devon to Yorkshire,this I feel sure is related to the average rent in Yorkshire compared to Higher rent bands in Devon

 

Regards FS

[estellyn]

We( Wife Myself) are in the same situation we live in a Private Rented 2 bed House and receive Housing Benefit for a 1 bed property as this is the maximum size property that we can bid for through Social Housing.

 

It is called locally the LHR" Local Housing Rate" and regardless of how much rent you pay, the council will only pay the average rent for a 1 bed property in the area by way of Housing Benefit,the fact that there is NO social Housing for them to compare it to in the village we live in is apparently irrelevant

 

You say the Lady is £70 worse off since moving from Devon to Yorkshire,this I feel sure is related to the average rent in Yorkshire compared to Higher rent bands in Devon

 

Regards FS

 

Local housing allowance rates don't apply to social housing. There are things that can affect housing benefit in social housing, but the only thing related to household size and number of bedrooms is bedroom tax, which shouldn't apply here.

[estellyn]

Thanks for your response estellyn, my sister-in-law went back to her local council yesterday (Thursday) I am waiting to hear from her to see if they have made the situation clearer to her.

 

I think that she may be misunderstanding the situation as her paper work states that she gets benefit for a 1 bed flat or have I got it wrong?

 

She is also saying that she is £70 a month worse of in her benefits since moving from Devon to Yorkshire.

 

Not sure how they are recording bedroom tax on award notices, but possibly it would say something like 'under occupancy reduction'.

 

Don't suppose you have the facility to scan the award letter (with identifiers blacked out)? It would be easy to see then, what is going on.

[firstship]

Estellyn of course you are correct Social Housing and LHR not applicable,I remember the Local Council putting it very politely,"we're not interested in what rent you pay in the Private Rental Market we will only pay you the LHR on the size of property you qualify for in the Social Housing Market" thats totally illogical, sorry I do not want to hi-jack this thread

 

Thank you

FS

[estellyn]

Estellyn of course you are correct Social Housing and LHR not applicable,I remember the Local Council putting it very politely,"we're not interested in what rent you pay in the Private Rental Market we will only pay you the LHR on the size of property you qualify for in the Social Housing Market" thats totally illogical, sorry I do not want to hi-jack this thread

 

Thank you

FS

 

No problem, I understand your frustration as we are currently a couple renting a 3 bed house (rented when we were both earning), and only getting HB for a 1 bed - even though it's virtually impossible to get a one bed for that rate, privately.