CASA National

Legal definition of overcrowding

There are two ways to calculate if you are overcrowded under housing law. One is by the number of rooms for people to sleep in. This is called the room standard. The other is by the amount of space in the home and the number of people living in it. This is called the space standard.

Statutory overcrowding is when there are too many people living in your home using either of the calculations.

How to calculate statutory overcrowding: number of rooms
Your home should have a separate room to sleep in for each:

couple
single adult aged 21 or older
two young people of the opposite s*x aged 10 or over
The room standard says your home is legally overcrowded if it doesn't have this.

Children under 10 years old are not counted.

Your bedrooms and any living rooms are counted as rooms you can sleep in. It doesn't matter which rooms you actually sleep in.

Under the room standard, a couple with a boy and a girl aged under the age of 10 in a one bedroom flat are not overcrowded.

How to calculate statutory overcrowding: amount of space
Under the space standard, the number of people in your home is compared with both the number of rooms and the floor area.

There are two separate calculations for working out if you're overcrowded. The first looks at the number of rooms you have. The second looks at the floor area in your home. The answer to each calculation gives the number of rooms that's enough for you and your family.

If the numbers are different, the lower number is used. Your home is legally overcrowded if the number of people living there is more than this.

To count the number of people:

don't include children under 1 year old
children aged 1 to 9 years count as a half
anyone aged 10 or over counts as one person
To count the number of rooms, include bedrooms and living rooms but don't include any rooms under 50 square feet.

Number of rooms
The number of rooms considered enough for your family is:

1 room for 2 people
2 rooms for 3 people
3 rooms for 5 people
4 rooms for 7.5 people
5 or more rooms for 2 people per room
Floor area
The minimum floor area considered enough for your family is:

50 - 69 square feet (4.6 - 6.5 square metres) for 0.5 people
70 - 89 square feet (6.5 - 8.4 square metres) for 1 person
90 - 109 square feet (8.4 -10 square metres) for 1.5 people
110 square feet (10.2 square metres) for 2 people

All residents of Balsall Heath and Moseley are welcome.

It's based in Balsall Heath Birmingham

There is a food bank & knitting club as well

Government to extend maximum tenancy period for council tenants to ten years

The government has indicated it will amend the Housing and Planning Bill to extend the maximum tenancy period for council tenants to ten years in specific circumstances.

Following a debate at report stage on the Housing and Planning Bill in the House of Lords yesterday, the Conservative peer Baroness Evans of Bowes Park, commenting on the proposal to restrict council tenancies to a period of two to five years, said -

'We listened carefully to the debate in committee and, indeed, now on report, and recognise the strength of feeling on this issue, so I am happy to be able to say that as a result we are prepared to give an undertaking that we will bring forward amendments at third reading to extend the maximum tenancy period to 10 years in certain circumstances and to enable local authorities to give longer tenancies to cover the time that children are at school. I am also able to give a commitment that we will meet the concerns raised by the noble Baroness, Lady Lister, about domestic violence, through regulations.'

Source: https://hansard.parliament.uk/Lords/2016-04-18/debates/16041817000704/HousingAndPlanningBill -16041817000080

Baroness Evans of Bowes Park (Con) Share this contribution My Lords, before I turn to the... -... Hansard (the Official Report) is the edited verbatim report of proceedings of both the House of Commons and the House of Lords. Daily Debates from Hansard are published on this website the next working day.

Dedicated phone line set up to receive calls from claimants affected by the work allowance changes in universal credit
Minister for Employment also advises that work coaches have been reminded of availability of the Flexible Support Fund to support affected claimants

A dedicated phone line has been set up to receive calls from claimants affected by the work allowance changes in universal credit, according to Minister for Employment Priti Patel.

Responding yesterday to written questions in the House of Commons about the timetable for notifying current claimants of universal credit affected by the changes to the work allowances, Ms Patel said -

'Since the 8 March, we have been contacting all claimants who are working and reporting earnings, either electronically if they have made a claim via the universal credit digital service, or by a letter if they are on the live service.

The notifications claimants receive explain the changes to the work allowance and offer further advice and support.

In addition, from the 11 March a dedicated service line will be in operation to receive any calls from claimants affected by the work allowance changes.

Not all claimants who receive a notification will see a change in their award, but this approach ensures we reach all those who are potentially affected.

Information about changes to the universal credit work allowances from April 2016 has been published on gov.uk

Copies of the communications claimants receive will be placed in the House Library in due course.

When those affected by the work allowances speak to their work coach and identify a barrier to retaining employment, the work coach has discretion to make an award through the flexible support fund. This might include covering the costs of childcare or travel expenses, for example.

Work Coaches have been reminded of the availability of the Flexible Support Fund for those claimants affected by the changes to the Work Allowances.'

PENSION AND WOMEN SHORT NOTICE

Government should explore option of allowing women given short notice of state pension age increase to retire earlier on decreased pension

Report from Work and Pensions Committee also concludes that passing legislation in good time 'does not constitute sufficient notice'

The government should explore the option of allowing women given short notice of state pension age increase to retire earlier on a decreased pension, according to the Work and Pensions Committee.

In its interim report Communication of state pension age changes, published today, the Work and Pensions Committee - while supporting state pension age equalisation and increases in state pension age - highlights that passing legislation in good time 'does not constitute sufficient notice', and that too many women were unaware of the equalisation of state pension age at 65 legislated for in 1995. They conclude that current and previous governments have done too little, too late in communicating proposed changes to women, particularly since increases have been accelerated at relatively short notice.

Acknowledging that the government does not want to allocate additional resources in providing transitional arrangements for those women affected, the Committee suggests that the government consider an actuarially neutral option to permit a defined cohort of women to choose to take a state pension sooner than scheduled in return for lower weekly payments for the duration of their retirements.

However, if the government were able to allocate further funding, the Committee recommends commissioning an independent assessment of the merits of -

slowing the increase in the state pension age to 66;
revising the timetable for increases in the state pension age to reach 65 by April 2019 and 66 by April 2021;
retaining the Pensions Act 1995 timetable for increases in the qualifying age for pension credit; and
a transitional pension benefit.
Commenting on the report, Committee Chair Frank Field MP said -

'This interim report opens up the debate which I’m sure MPs from all sides will want to pursue. We will begin taking fuller evidence on the options as soon as possible.'

NORTHERN IRELAND PENSION NEWS

Abolition of contracting out of additional state pension in Northern Ireland
New statutory rule

New regulations have been issued in relation to the abolition of contracting out of the additional state pension in Northern Ireland.

Following introduction of the new state pension from 6 April 2016 - which provides for a new single tier pension replacing the current two-tier system of basic pension and additional pension - the Pensions Act 2015 abolishes the option of contracting out of the additional pension, and accordingly the Pensions (2015 Act) (Abolition of Contracting-out for Salary Related Pension Schemes) (Consequential Amendments and Savings) Order (Northern Ireland) 2016 (SR.No.158/2016) makes technical consequential amendments to a number of sets of existing Rules to reflect the abolition of contracting-out.

SR.No.158/2016 is available from legislation.gov.uk

BUDGET 2016 - we are all in it together .... REALLY

Welfare benefit-related measures in Budget 2016
Analysis shows that the proportion of welfare and public services going to the poorest has been protected, says Chancellor

The Chancellor George Osborne has today delivered Budget 2016.

In his speech to the House of Commons, Mr Osborne set out plans to deliver further savings of £3.5 billion in the year 2019/2020 and a series of measures designed to 'put the next generation first' and to 'back people who work hard and save'.

In relation to 'welfare', Mr Osborne said that -

'Child poverty is down. Pensioner poverty is down. Inequality is down ...

The distributional analysis published today shows that the proportion of welfare and public services going to the poorest has been protected.'

In addition, in relation last week's announcement that changes to the personal independence payment ‘aids and appliances’ rules are expected to affect 640,000 people by 2020/2021 and reduce growth in spending by £1.2 billion, Mr Osborne said that -

'Last week ... the Secretary of State for Work and Pensions set out changes that will ensure that within the rising disability budget, support is better targeted at those who need it most.

Let me confirm that this means the disability budget will still rise by more than £1 billion, and we’ll be spending more in real terms supporting disabled people than at any point under the last government.'

Following Mr Osborne's speech, HM Treasury published a series of documents that include details of a number of welfare benefit-related measures (some of which have already been announced) including -

Support for grandparents in employment

To support families in this Budget, government will launch a consultation in May 2016 on how to implement its commitment to extend shared parental leave and pay to working grandparents. The consultation will also cover options for streamlining the system, including simplifying the eligibility requirements and notification system, and will explore the potential to make better use of digital technology. (Paragraph 1.136)

HMRC customer service

Investment [of £71 million] will deliver: a 7-day a week service by 2017, with extended hours and Sunday opening on online services and the tax and tax credits phone lines, so that people and businesses have more opportunity to contact HMRC outside of working hours; and improved telephone services and reduced call waiting times by recruiting over 800 new staff into HMRC call centres. (Paragraph 1.186)

Northern Ireland

The government will legislate at a later stage of the Finance Bill to exempt from income tax the payments intended to top-up non taxable welfare benefits that the Northern Ireland Executive intends to fund from within its block grant. (Paragraph 2.29)

Support for the self-employed on working tax credit

The government will trial face-to-face support from Jobcentre Advisors for self-employed working tax credit claimants, with a view to national roll out if successful. (Paragraph 2.69)

Improving support for ESA work-related activity group claimants

As announced by Department for Work and Pensions’ Ministers in Parliament, the government will fund an additional £15 million in each year from 2017-18 to help employment and support allowance claimants placed in the work-related activity group and universal credit limited capability for work claimants pay for the additional costs of preparing for work; improve the process for reassessing claimants placed in the work-related activity group with deteriorating conditions; and remove the 52 week work time limit on permitted work rules for claimants in the work-related activity group from April 2017. (Paragraph 2.70)

Household benefit cap

From Autumn 2016, the government will introduce exemptions for recipients of guardians allowance, carer’s allowance and the carers element of universal credit from the household benefit cap, which caps the amount of benefits out-of-work working-age families can receive at £20,000, and at £23,000 in Greater London. (Paragraph 2.73)

Capping housing benefit in the social rented sector

The date from which new or renewed tenancies in the social sector will be subject to the cap on housing benefit at the relevant local housing allowance rate will be deferred for supported accommodation – from April 2016 to April 2017 – to enable the government to complete a review of supported accommodation. (Paragraph 2.74)

Housing benefit and pension credit: limiting temporary absence

The government will delay the ending of the payments of housing benefit and pension credit to claimants who travel outside of Great Britain for longer than 4 weeks consecutively. This will now come into force in May 2016. (Paragraph 2.75)

Ensuring disability benefits are better targeted

As announced by the Secretary of State for Work and Pensions, the government will ensure that support for disabled people is focused on those with the greatest need, including by:

changing the way that entitlement to personal independence payment is determined – a reduction in the number of assessment points awarded for needing to use an aid or appliance to carry out two of the ‘daily living’ activities assessed. This will take effect for new cases and re-assessments from January 2017.
altering the arrangements for terminally ill claimants migrating from DLA to personal independence payment – this change means that those claimants who are granted a greater award under personal independence payment will get that higher award from the date of the decision, rather than remaining on their DLA award for the standard four week waiting period
considering the case for long-term reform of disability benefits and services that is fair for the taxpayer and for those with disabilities or health conditions (Paragraph 2.76)
Presenting officers at tribunal hearings

The government will increase the number of presenting officers in attendance at employment and support allowance and personal independence payment tribunal hearings from 2017, to support the tribunal in making the right decision. (Paragraph 2.78)

Fraud and error

The government will expand the use of HMRC’s Real Time Information (RTI) on earnings to prevent and correct overpayments in jobseeker’s allowance, employment and support allowance and income support. This builds on the wider use of RTI announced at the March Budget 2015, on housing benefit and pension credit. (Paragraph 2.79)

DWP post for Amazon boss is 'disgusting', says Margaret Hodge
Hodge says non-executive director role for Amazon’s China chief, Doug Gurr, is ironic as ‘they are killing off UK business and jobs’
Margaret Hodge
Margaret Hodge asked how the government could justify giving prestigious positions to those who do not contribute their share of tax. Photograph: ANL/Rex Shutterstock
David Hellier
Wednesday 3 February 2016 17.56 GMT Last modified on Wednesday 3 February 2016 22.02 GMT
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The Labour MP and tax campaigner Margaret Hodge has described as “disgusting” a plan to give an executive of online retailer Amazon, one of the companies at the centre of an intensifying row over taxes, a directorship at the Department for Work and Pensions.

Hodge was responding to the news, first revealed by Sky News, that Amazon’s head of Chinese operations, Doug Gurr, is to become a non-executive director of the DWP. The DWP said it would issue a statement, which was not available at the time of publication. Amazon declined to comment.

Analysis Sweetheart deals and sister companies: how top firms pay less tax
Google has shown recently that big companies seem to pay their tax by negotiation, rather than rules – but what methods do they use?
Read more
Hodge said: “If people are not putting their proper share into the pot, how can government ever justify giving them prestigious positions?”

Amazon’s UK business paid just £11.9m in tax in 2014, even though its Luxembourg unit took £5.3bn from internet sales in the UK.

Gurr’s arrival at the department will increase fears that largely US-based technology giants such as Amazon are having an increasing influence on government at a time when there is growing public pressure for them to pay more tax in the UK.

Hodge also said it was ironic for the DWP, which is trying to place people in employment, to hire an executive from Amazon. “They are killing off British business and jobs, partly because they’re not paying sufficient tax and so are able to undercut their rivals,” she said.

The multinational tax row has intensified since it emerged that Google had agreed to pay £130m to cover taxes dating back a decade. Although George Osborne heralded the deal as a success, it was soon derided by critics, who calculated that the payment equated to a tax rate of just 3%.


Amazon's UK business paid just £11.9m in tax last year
Read more
The business secretary, Sajid Javid, said he shared the feelings of many people who felt there was a sense of injustice about the Google deal and described the tax settlement as “not a glorious moment” for the government.

Google has enjoyed a close relationship with the government, with key figures going to work for the US company as well as some executives going from the firm to Whitehall.

John McDonnell, the shadow chancellor, said: “I am disappointed but not surprised, and taxpayers will be further dismayed, to hear about yet another close relationship between the Tory government and a company with potential questions to answer over its tax liabilities.

“On the back of a fortnight of inaction from the government on tax avoidance, this will do nothing to dispel the feeling that when it comes to tax avoidance the Tories don’t have a credible solution, and don’t care about finding any answers.

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“That is why I am today calling for the government to be open and honest over any Tory tax deals with big multinationals so that we can start to find a proper solution to the crisis we face over tax avoidance. Especially after the missed opportunity in the EU negotiations to get a deal on transparency by companies across Europe.”

Jolyon Maugham, a tax expert and former adviser to the former Labour leader Ed Miliband, said: “If we hadn’t had such a revolving door between government and Google, perhaps we would not be asking questions about a sweetheart deal.

“Government is absolutely right to want to bring business expertise into the heart of government, but it needs to do so in a way that avoids obvious conflicts of interest. To take a senior executive from a company that’s seen by many as a poster child for an aggressive approach to workplace standards and put him at the heart of the Department for Work and Pensions is pretty punchy.”

In December, a Guardian investigation revealed how overseas traders on Amazon’s UK website were selling goods without charging VAT. The abuse is estimated to have cost the Treasury tens of millions of pounds in lost tax receipts over the Christmas period alone.


The stories you need to read, in one handy email
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The investigation prompted HMRC to hold urgent meetings with Amazon, and Treasury spokesman Lord Ashton told the House of Lords that the government was considering whether Amazon could be held liable for tax losses – an option the Treasury has since ruled out.

Conservative peer Lord Lucas claimed Amazon and eBay had been “collaborating with hundreds of overseas retailers to defraud the taxman of millions of pounds every day”. The allegation was denied by both groups.

Last month, outgoing HMRC chief executive Dame Lin Homer told MPs this kind of widespread evasion by overseas sellers had become “a very big issue”. She said: “[Online] marketplace providers have responsibilities”, but she failed to say how these might be enforced under current laws.

Amazon has continued to insist it is not responsible for policing the VAT compliance of traders using its site. Last year, eBay and Amazon stepped up marketing drives in China aimed at traders looking to ship to the UK and other European markets.


TAKEN FROM AN ARTICLE FROM THE GUARDIAN


http://www.theguardian.com/business/2016/feb/03/dwp-post-amazon-chief-disgusting-margaret-hodge

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Almost Half DLA To PIP Motability Cars Lost Plus Your Experience Of Capita’s PIP Assessment Centres

PIP Tribunal result
“Just wanted to thank B&W for their guided material. I have been rejected twice by DWP but with encouragement and help from this site I took it all the way to tribunal. I was awarded enhanced on care and standard in mobility. I couldn't believe it, without you guys I would have given up at first stage but you gave me the courage to carry this on and never give up. Thank you so much. To all those who have been through hurdles subscribe to this site you will never regret it. Thank you again.”



Dear Reader,

In this edition we reveal that Motability cars are being taken away from a shocking 45% of users who transfer from disability living allowance (DLA) to personal independence payment (PIP).

In addition, following the hundreds of comments we’ve received about Atos PIP assessment centres, we’ve now obtained a list of Capita PIP assessment centres and we’re asking for your help in making sure claimants know what problems they may encounter when sent to them.

In other news, there has been outrage at the leaked disclosure that the DWP is to appoint a senior outgoing boss from tax avoiding multinational Amazon to the post of non-executive director at the DWP.

Plus there’s the news that the DWP have lost a House of Lords vote on ESA and a court of appeal hearing on the bedroom tax. But how much difference will any of it make?

Savage Motability cuts
45% of claimants who have a Motability car paid for via DLA lose it when they are transferred to PIP, because they fail to qualify for the enhanced rate of the PIP mobility component.

At the moment claimants who lose their car in these circumstances get up to £2,000 from the charity to help with the purchase of a second hand vehicle. But such a small sum will not in any way make up for the loss of a specially adapted vehicle.

As one Benefits and Work reader, MyelopathicMe, explained:

“This has happened to me. In my case I've been given transitional support but have still had to borrow enough to buy my motability car, which has put untold pressure on my finances. Yes I am appealing but in the meantime you still have to either buy the car or hand it back and obviously you have to find the money for tax, MOT, insurance, breakdown & repairs if you buy your car - no mean feat when unable to work so to me it is like State-sanctioned knee capping.”

Success rates for PIP appeals are running very high, at around 60%. So there is no doubt it is worth considering appealing if you have lost your Motability car and you believe the decision was wrong.

Capita PIP assessment centres
You’ve already provided us with a wealth of information about individual PIP assessment centres used by Atos, though we would still welcome more. But we said at the outset that if there was sufficient interest we would ask for information about Capita PIP centres too.

So, we’ve now obtained a list of Capita assessment centres via the Freedom of Information Act. You’ll find links to them below this article. So, if you’ve visited one of them and can provide information about the facilities, then please do post a comment.

Amazon at the DWP
The DWP has sparked outrage by appointing an Amazon boss to a non-executive director’s role at the DWP. The appointment of Doug Gurr, the head of the tax avoiding multinational’s Chinese operation, to the DWP is likely to be officially announced next week.

Amazon paid just £11.9m in tax in 2014, despite UK sales of £5.3bn.

DWP double loss
The DWP has announced that it will to continue to hound the carers of a severely disabled teenager who won their case against being forced to pay the bedroom tax in the Court of Appeal last month. The DWP have said they will not accept the court’s decision and instead will take the case to the Supreme Court.

The cost of the legal proceedings is likely to be greater than the cost of exempting all those in a similar situation from the bedroom tax.

The government was also heavily defeated in the House of Lords last month over plans to cut £30 per week from the benefit of new claimants in work-related activity group (WRAG) of employment and support allowance (ESA).

The House of Lords voted by 238 votes to 198 against reducing the level of payments for claimants, many of whom have degenerative diseases or serious mental health conditions, to the same level as jobseeker’s allowance. However, the bill will now return to the Commons where there is a strong likelihood of it once again winning majority support.

The cut is due to be introduced in April 2017 and, in most circumstances, will not affect current claimants.

Good luck,

PRIVATE LANDLORDS: Duty to Carry out Immigration Checks

Published Monday, September 21, 2015
This briefing paper sets out details of private sector landlords' new obligations to carry out immigration checks on tenants, brought in by the Immigration Act 2014 and amended by the Immigration Bill 2015.

Jump to full report >>
As part of the Government’s attempts to cut down on illegal migration, the Immigration Act 2014 contains a number of measures to restrict access to services for those without a valid right to remain in the UK.

One of these measures is a new requirement for private sector landlords to check that tenants’ immigration status does not disqualify them from renting property. As a result, landlords who allow tenants without a so-called ‘right to rent’ to occupy their property will be liable for a civil penalty.

Given the additional burdens this is expected to place on landlords, the policy has proved controversial within the private rented sector, with a number of concerns raised by landlord associations at the consultation stage. Consequently the scheme has been piloted in five West Midlands council areas from 1 December 2014.

In August 2015, the Government announced that a new Immigration Bill would amend further the rules on right to rent, introducing possible prison sentences for landlords who repeatedly failed to carry out checks. The Bill would also make it easier to evict existing tenants without a current right to rent. The Bill is now published and delivers on the commitment to allow landlords to evict on the basis of immigration status.

This briefing paper explains the law in relation to these ‘right to rent’ checks and the new obligations for private sector landlords set out in the Immigration Act 2014. The paper also considers some of the concerns raised by landlord associations and sets out details of the ‘pilot’ testing of the policy.

Background:

In the summer of 2013 the Home Office consulted on proposals to require private landlords to carry out “immigration checks on tenants, with penalties for those who provide rented accommodation to illegal non-EEA migrants in breach of the new requirements.” Home Secretary Theresa May argued this would “make it harder for landlords to house illegal immigrants and harder for illegal immigrants to settle in the UK.” This proposal has since been approved by Parliament as part of the Immigration Act 2014. It is subject to a pilot programme in the West Midlands from 1 December 2014, with plans to roll out the ‘right to rent’ checks across the UK in 2015.

Social housing providers are already expected to check the immigration status of their tenants and therefore are not affected by this legislation. It will instead apply to rooms or properties rented to private tenants, or rooms that are sublet within a landlord’s own property.

Landlord associations have raised a number of concerns with the legislation (see Section 4), particularly that it will place an undue burden on their members. In response, the Government has been keen to emphasise what it feels is the ‘light-touch’ nature of the regulation. A number of tenancies have been excluded, such as care homes, student accommodation and long leases (see Schedule 3 of the Immigration Act 2014 for the full list).

At the schemes inception, breaches were proposed to make the landlord liable for only a civil penalty, rather than a criminal equivalent, as applies to employers who employ people with no right to work in the UK. This has since been altered and now includes criminal sanctions of up to five years in prison.

Other concerns are that landlords will not have the resources or knowledge to properly check immigration documents. The Home Office has therefore committed resources to provide suitable information to landlords and to offer a checking service for more complicated immigration cases.

As well as those from landlord associations, the Joint Committee on Human Rights has also raised concerns around potential for the legislation to lead to discrimination against prospective tenants (see Section 2.3). In response, the Government has produced a code of practice for landlords on how to avoid unlawful discrimination when conducting the right to rent checks.

Commons Briefing papers SN07025
Authors: Alex Bate; Shiro Ota
Topics: Housing, Immigration, Private rented housing
Download the full report

Private Landlords: Duty to Carry out Immigration Checks ( PDF, 868.26 KB)