removal of spare room subsidy

Question 1

why/when introduced

Answer 1

June budget 2010 Gvt announced plans to restrict HB for social rented setor folk who were in a house with more bedrooms than they needed
introduced as part of welfare reforms

Question 2

aims of under occ policy

Answer 2

contain growing HB expenses

make better use of social housing stock

improve work incentive for working age

align with rules in place for LHA

Question 3

legislation that introduced the removal of the SRS

Answer 3

section 69 of the welfare reform act 2012 introduced the removal of the Spare Room Subsidy

Question 4

where are the regs provided for HB

Answer 4

the HB regs 2006 as amended provides the regulation for the removal of the spare room subsidy for HB claimants

Question 5

where are the regs for UC customers

Answer 5

The UC regs 2013 (as amended) provides the regulationf for the removal of the SRS for UC customers

Question 6

How does removal of SRS work and from when

Answer 6

From 1 Apr 2013 where a social sector tenant is in a house that’s considered too big for their needs, they are classed as under occupying the property and the amount of rent eligible for housing benefit is reduced by the appropriate percentage

Question 7

what are the appropriate percentages

Answer 7

14 for one room

25 for 2 or more

Question 8

what’s the term for this new rent figure

Answer 8

known as the limited rent

Question 9

who does it affect/from when

Answer 9

affecte all new claims and exisiting claims from 1 apr 13 unless exempt

Question 10

how is the question of whether under occupied determined

Answer 10

based on size criteria determined by the number, age and sex of those occupying the property

Question 11

shared rate?

Answer 11

no shared rate - unlike the LHA scheme

Question 12

who is allowed one room

Answer 12

couple
member of couple who cant share (dis)
person over 16
child under 16
child with sever dis - cant share
2 same sex under 16
2 diff sex under 10

Question 13

one additional room

Answer 13

foster child (approved carer)
foster carer who has fostered in las 52 weeks
newly approved foster carer waiting on child
overnight carer (non res)
armed forces on operations intending to return

Question 14

caselaw - child unable to share

Answer 14

Burnip Trengrove and Gorry v SOS Work and Pensions

court of appeal decided bedroom should be allowed for child with severe disabilities who couldnt share a bedroom

Question 15

caselaw amended regs

Answer 15

HB and UC (size criteria) (misc amendments) regs 2013 allowed for the extra bedroom

Question 16

criteria for the extra room disabled child

Answer 16

receiving care component of DLA Care middle or high

becuase of their disability couldnt reasonably share

Question 17

what date is the applicable from

Answer 17

date of the court’s decision 15 May 2012

Question 18

one additional bedroom - couples unable to share

caselaw

Answer 18

Rutherford v SOS for Works and Pensions

Question 19

what was the ruling on rutherford V SOS for WP

Answer 19

extra room allowed for a member of a couple who cant share due to a disability

Question 20

what regs allowed the change

Answer 20

HB and UC (size criteria) Misc amendments) regs 2017 allwed for the extra room for coule member who cant share

Question 21

what’s the criteria for couples who cant share

Answer 21

AA high rate or DLA middle or high or PIP daily living or Armed forces independence pament AND

because of the disability cant reasonably share

Question 22

overnight carer

Answer 22

supreme court ruled extra room allowed for overnight carer for child or non dep disability

Question 23

regs which allow this now

Answer 23

HB and UC (size criteria) (misc amend) 2017 allow for extra room for overnight carer

Question 24

whats the criteria for overnight carer child or non dep

Answer 24

must require overnight care on reg basis from non resident carer

need to show that the care has been arranged

there must be an actual spare room for the carer

cant already be another carer overnight

person on AA high or DLA middle or high PIP daily living or Arm forces independence pay

Question 25

under occ - exemptions

Answer 25

pension age
shared ownership ten
mooring chgs
site fees cararvan
exempt/spec accomm
temp accom 
52 week death
13 week rule
excluded tenancy- not

Question 26

examples

Answer 26

J/T
single parent
2 kids
F8 M11

J/T
single parent
F13

Question 27

example foster

Answer 27

couple

3 foster kids (sibling)