UC Housing Costs

Hello

I have a client who has shared care of her children, she has them about one third of the time. She lives in a 3 bedroom private rented property, but only gets the UC housing costs element at the one bedroom LHA rate .

I know there have been numerous bedroom tax decisions which deal with social sector rent restrictions (mainly for HB) which hold that only one parent can be paid HB in respect of a bedroom for any given child. For example these:

https://www.bailii.org/uk/cases/UKUT/AAC/2015/34.html

R (Cotton and others) v Secretary of State for Work and Pensions [2014] EWHC 3437 (Admin)

Any opinions on whether this HB case law is binding in respect of UC for private rented tenants, or any thoughts on whether there’s any scope for disputing this decision?

Many thanks

Alex
http://dlvr.it/RxpQcg

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