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A GRIEVING mother has been hit by the bedroom tax – after her son died in a house fire.

Sheree McGill, 36, has been told she will have to pay the hated charge because nine-year-old Evan’s tragic death has left her house “under-occupied”.

Evan was killed when a blaze swept through his family’s home two days after Christmas in 2011.

Single mum Sheree and her four surviving children only returned to the house in Kilmarnock in February, after East Ayrshire Council paid to have it renovated.

In a bitter irony, she wrestled long and hard with whether to return to the place where she lost her beloved young son

But now she faces having to move her family again after officials at the Department for Work and Pensions have cut her housing benefit – because Evan is no longer alive to use his room.

Yesterday, tearful Sheree said: “I can’t believe this is happening.

“It’s not our fault that Evan died.

“It’s unbelievable that they wouldn’t take our circumstances into account.”

Sheree lives in the four-bedroom house with her children Talia, 16, Zac, seven, Yasmin, six, and five-year-old Nya.

But the devastated mum has been told new under-occupancy rules don’t allow her current living arrangements and her housing benefits will be cut by 25 per cent, leaving her with a shortfall of £16.60 a week.

She now faces having to find the missing money to pay her landlords at East Ayrshire Council or moving out.

Talia and Zac have their own rooms while Yasmin and Nya share one.

But under bedroom tax rules, Zac – who lives in the room he used to share with his big brother Evan – is too young to have his own room.

Sheree said: “If Evan was still here, Zac would love to share with him again. But sadly he isn’t.

“The council were so good putting us back in here and now, no matter what I do, I’m told I have to pay because I have a seven-year-old in a room alone.

“I have my own room, as does my daughter Talia as she’s now 16, which is allowed under the rules.

“The girls are two to a room, which is fine – but, according to the rules, Zac isn’t allowed a room of his own as he is under age.

“But Zac would have shared with Evan.

“Even if Talia agreed to share with Zac, we would still be left with Evan’s room and we would still have to pay.

“So I have the choice to pay up … or leave the house where my son died because I can’t afford to lose £16.60 a week. That’s nearly £80 a month.”

Sheree added: “I was so shocked when I got the letter from the council. I was crying with anger – not for me but for the kids.

“Zac especially wanted to go back to his own room that he shared with his big brother.

“This week, I have £30 left to live on and I have kids to feed and clothe.

“I’m so desperate, I thought about bringing in a lodger. But with kids in the house, how can I bring in a complete stranger?

“There is just no way I would be allowed to do that or would even want to.

“I couldn’t bear to bring someone in off the street to stay in Evan’s room.

“That was my little boy’s room, where he played with his toys. That’s where he died.

“I’m a single mum doing the best I can. The system should have more compassion.”

Sheree revealed she only made the difficult decision to move back to the house in Altonhill because she and her children see it as a link to Evan.

She said: “The only reason we came back here was because Zac was desperate to be closer to Evan.

“The kids and I missed our family home so much.

“It was the place that held the happiest memories of Evan for us.

“Now I’m being punished because Evan died.”

The blaze swept through the house on December 27, 2011, while the family were sleeping. Sheree and her daughters Talia, Yasmin and Nya managed to escape, while Zac was staying at his gran’s on the night of the tragedy.

(Image: PA)

Evan was found in his bedroom at the back of the house by firefighters who braved temperatures of 1000C.

The Mount Carmel Primary School pupil, who was overcome by smoke, was rushed to hospital but could not be saved.

A suspected electrical fault was later blamed for the inferno.

Campaigners last night hit out at the Department for Work and Pensions for their decision to impose the bedroom tax on Sheree.

And they called on council landlords and housing associations to refuse to collect the hated levy.

Anti-bedroom tax campaigner Tommy Sheridan said: “It is realities like this which make the bedroom tax so cruel, cold and callous.”

The DWP don’t comment on individual cases.

However, their website says someone who falls foul of the tax because of a death in the family gets a 12-month period of grace before they have to pay the charge.

The DWP set the rules – but it’s local councils who have to enforce them.

Gerry Darroch, acting head of housing and environment services at SNP-Tory-led East Ayrshire Council, said: “I can confirm that Mrs McGill will be affected by the bedroom tax.

“However, East Ayrshire Council are doing all we can to support tenants who find themselves facing a reduction in their housing benefit.

“In March, the council announced our opposition to the bedroom tax and resolved that for a transitional period of one year – where the head of housing is satisfied that tenants who are subject to the bedroom tax are doing all they reasonably can to avoid falling into arrears – we will use all legitimate means to collect rent due, except eviction.

“There is an allocation of discretionary housing payment funding, for which those affected are being encouraged to apply.”

Yesterday afternoon, after the Record became involved, a housing official called at Sheree’s door to say the bedroom tax demand was to be “reviewed”.

She said: “What does that mean? I shouldn’t be having to pay.”

Do you know of a bedroom tax scandal? Email us at reporters@dailyrecord.co.uk