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Just read this http://nearlylegal.co.uk/blog/2014/0...aim-exemption/ which I thought might be interest / useful for peeps researching the spare bedroom housing issues; wouldn't affect many people really as it has to have been same property and continuous claims (breaks of up to 52 weeks) since before 1996 but it's a small chink.
Bedroom Tax: the effect of the pre 1996 claim ‘exemption’.
Posted on 10/01/2014 by Giles Peaker
As set out in the previous post, the DWP has confirmed that 4(1)(a) of Schedule 3 of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 has the effect that any HB claimant who has been claiming continuously since before 1 January 1996, for the same property, should have their HB rate calculated without the ‘Spare room subsidy’ provisions. In effect these claimants are exempt from the bedroom tax under the current regulations and have been since their introduction in April 2013..
The DWP circular is here.
The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations are here: http://www.dwp.gov.uk/docs/a8-3301.pdf
This is to put a little more detail on the ‘exemption’, who is affected and what to do.
Who qualifies?
Any housing benefit claimant who has claimed continuously since on or before 1 January 1996.
There can have been up to a four week break in entitlement.
There can be an up to 52 week break in entitlement if the Claimant became a Welfare to Work recipient, and was so at the time entitlement stopped.
Same property?
It has to have been the same property throughout, save for exceptions specified at 4(3)(a)(ii)
Posted on 10/01/2014 by Giles Peaker
As set out in the previous post, the DWP has confirmed that 4(1)(a) of Schedule 3 of the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 has the effect that any HB claimant who has been claiming continuously since before 1 January 1996, for the same property, should have their HB rate calculated without the ‘Spare room subsidy’ provisions. In effect these claimants are exempt from the bedroom tax under the current regulations and have been since their introduction in April 2013..
The DWP circular is here.
The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations are here: http://www.dwp.gov.uk/docs/a8-3301.pdf
This is to put a little more detail on the ‘exemption’, who is affected and what to do.
Who qualifies?
Any housing benefit claimant who has claimed continuously since on or before 1 January 1996.
There can have been up to a four week break in entitlement.
There can be an up to 52 week break in entitlement if the Claimant became a Welfare to Work recipient, and was so at the time entitlement stopped.
Same property?
It has to have been the same property throughout, save for exceptions specified at 4(3)(a)(ii)
