On the issue of university accommodation not being eligible for HB to disabled
students. Paul Stagg, a barrister, who takes on benefit cases has suggested that the
HB regs might be 'ultra vires' (for reasons which I'm afraid went over my head). He did
this in a post on one of the 'Rightsnet' message boards some time ago.

If need be I can probably dig it out if it would help anyone.

So it might be worth trying to find a test case if backing is available from anywehere?

jim



On 25 Sep 2003 at 11:33, disforum wrote:

> Rob
>
> Apologies for not responding in any way. Skill's computer system has
> been down, somewhat due to the virus.
>
> You've had some useful advice and you may have already resolved the
> issue in some way, but I hope the following is useful to you.
>
> In regards to the housing benefit issue, it cannot be claimed on any
> university owned accommodation. The justification is supposed to be
> that university owned accommodation is subsidised and so should be
> cheaper. This may have been the case many years ago, but we don't feel
> it's true today. We have raised this as a Policy issue. I did some
> research back in 1999 on this issue and made a comparison between
> halls and private accommodation, which showed how in many cases halls
> costs were just the same and in many cases (particularly in London)
> halls were sometimes substantially higher in cost. (I understand that
> the NUS do some similar research). Skill suggested then that this
> regulation should change, as we agree that this is unfair on disabled
> students, especially those that need to live close to or on the campus
> due to disability, but unfortunately nothing has changed as of yet.
>
> I hope that the university have been able to help you, or as
> suggested, try finding suitable private accommodation and then make a
> claim for housing benefit.
>
> If you need to contact Skill you can also email off dis-forum list,
> direct to the Skill Information Service at [log in to unmask]
>
> With best wishes
> Dee Juneja
> Information and Research Worker
>
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> Of course, if you are already a member please accept our thanks. You
> make this possible. -----Original Message----- From: Rob Powell
> [mailto:[log in to unmask]] Sent: 11 September 2003 09:51 To:
> [log in to unmask] Subject: Re: reasonable adjustments under
> DDA/Senda
>
> Hi Ian,
>
> That's probably the most balanced message I've heard. Indeed, I had
> accepted the offer, knowing how much the flat would cost. As is often
> the case, it's only when sobriety and the cool financial analysis of
> which we social work students are famously not renouned took over,
> that I realised quite how large a chunk this would take of my income,
> or how much I was short per annum for the duration of the course.
>
> I also wouldn't dream of taking anyone to court over this issue,
> because I'm determined enough to do the course that it won't stop me
> studdying. I'm of the opinion that the advent of the DDA has made
> informal arrangements more difficult, one way in which we might have
> been able to solve the problem. I wouldn't have referred to
> DDA/senda, if I didn't need a hook to hang the request on. I almost
> feel that when you do so, you're already in retreat.
>
> Bristol university don't normally offer post-grad students acomodation
> as of right.
>
> I don't think students can claim housing benefit, however if anyone on
> the list knows definitely, then please let me know.
>
> Thanks for that Ian, I'll pass that on to the people at Bristol if you
> don't mind, and see what the result is.
>
> Rob
>
> -----Original Message-----
> From: Discussion list for disabled students and their support staff.
> [mailto:[log in to unmask]]On Behalf Of Ian Sent: Thursday,
> September 11, 2003 4:36 AM To: [log in to unmask] Subject: Re:
> reasonable adjustments under DDA/Senda
>
>
> Bristol Uni has experienced disability officers so it seems odd they
> haven't been able to help you resolve this issue. It seems reasonable
> to argue that you shouldn't have to spend more than other students for
> your room, if you have an equal expectation as non-disabled students
> have to be provided with accomodation by the university but have
> disability- related needs that require you to incur additional costs.
>
> I think this raises an interesting point in that universities really
> need to think about whether, under SENDA, they can charge more for
> adapted rooms.
>
> If the institution is not obliged to offer you a room (e.g. if you are
> a postgraduate student and they don't claim to be able to accommodate
> postgrads) then you probably can't complain.
>
> If the institution made the cost of the flat clear to you before you
> accepted an offer to study there I'm not sure how you'd stand if it
> went to court. I could imagine a student taking an institution to
> court if they felt the high cost of the accommodation offered to them
> compared to other students constituted an unreasonable barrier to them
> being able to accept an offer of a course. It might be difficult to
> argue this after you've accepted the offer knowing how much the flat
> will cost.
>
> Even if you had some DSA left, i'd argue that as a blind student with
> high costs of support anyway you shouldn't have to worry about trying
> to find DSA funds to cover extra accommodation costs
>
> The real issue here might be that you can't claim housing benefit for
> university accommodation. Is this still true? If so, it might be
> better to get a local council or private flat and get housing benefit
> to cover the rent.
>
> Skill might be able to offer more advice. They're on this list but can
> also be contacted telephone 0800 328 5050.
>
> Hope this helps.
> Ian Francis
>
>
> > On 6 Sep 03, at 6:10, Rob Powell wrote:
> >
> > > Hi all,
> > >
> > > A question for you guys, with which I could do with some
> > > advice/guidance.
> > >
> > > I'm a totally blind student starting at Bristol Uni in September.
> > (oh
> > > it's September now)!. I've got a flat, owned by the university
> that
> > > has a garden, and is bigger than normal student accommodation,
> > because
> > > I have a guide dog.
> > >
> > > The problem is, to put it bluntly, that I can't afford the rent,
> but
> > I
> > > need the flat. The rent is £105 per week, plus bills. The cost
> of
> > a
> > > normal room in university accommodation would be about £45
> including
> > > bills.
> > >
> > > I'm not in a position to fund the extra costs of this lat from my
> > DSA,
> > > because I could only fund it from the general allowance, which
> I've
> > > used for other things. The equipment allowance is also
> over-spent,
> > > and the non-medical allowance is near it's maximum.
> > >
> > > My point to the university is that a reasonable adjustment to
> enable
> > > me to study is that they give me the flat for the same price as a
> > > normal room on campus, I.E. that they subsidise the flat by £60
> per
> > > week. I'm prepared to foot the bill for the bills, as a
> compromise.
> > >
> > > Does anyone know of any case law that would support this argument,
> > any
> > > other universities that have made this sort of adjustment for
> > disabled
> > > students, or any specific part of the SENDA/DDA codes of practice
> > that
> > > I could quote on this one?
> > >
> > > It's fair to say I think, that the university are generally
> > > sympathetic to the problem, but they need a hook to hang the thing
> > on.
> > >
> > > Thanks for any help, because I have to take a 50 week let, the
> > amount
> > > involved is about £3000 per annum, so it's significant.
> > >
> > > Rob
> > > ---
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> >
> >
> > Bryan Jones
> > Disability Support Services Manager
> > Tel: 020 8411 5367

Jim Thompson
Welfare Officer
The Advice Place, The Potterrow, Bristo Square
Edinburgh EH8 9AL. Tel: +44 (0)131 650 9226