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John's picture
Joined: 09/03/2008

Housing Benefit Information Bulletins can be found by clicking here<. These are the bulletins for Local Authority staff making Housing Benefit and Council Tax Benefit decisions.

HB/CTB G11/2010 -<


Treatment of foster children in the HB assessment <


8 An Upper Tier decision has recently been handed down on two cases <

involving the treatment of foster children and the application of the size <

criteria (CH/1608/2009 and CH/3000/2009). The ruling is that a foster child <

should be treated as an occupier for the purposes of the application of the <

size criteria in Local Housing Allowance (LHA) cases. <


9 This decision is contrary to DWP policy and amending legislation will be <

brought forward at the earliest opportunity to put the situation beyond doubt. <

In the meantime you will want to consider how best to take account of this <

ruling. In these cases Regulation 7(2) of The Housing Benefit and Council <

Tax Benefit (Decisions and Appeals) Regulations 2001 will apply (error of <

law). Any supersession will apply from the date of the supersession decision <

or, if an application for review of the HB award is made, the date of that <

application. If an application has already been made the supersession will <

apply from the date of the ruling. You may therefore wish to consider how <

you identify such cases. <


10 You may also wish to keep a record of such cases so that they can be <

identified easily when our amending regulations come into force in Autumn <

2010. <

anonymous (not verified)
anonymous's picture
Equality Impact Assessment Housing Benefit - DWP

Changes to the Local Housing Allowance arrangements and Housing Benefit size criteria for people with non-resident overnight carers.<

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