Housing Systems: Combating poverty and sustaining tenancies.
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Need for Overnight Carer
HB Office saying that to be allocated a bedroom for a carer, the tenant / partner has to be on mid or high rate care DLA or a daily living component of PIP?

This is incorrect: HB Regulation B13 says that an extra bedroom can be allocated to ‘
a person who requires overnight care’ and HB Regulation 2 states that where the tenant / partner is not on either of these benefits they still meet this definition where they have: ‘provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that P requires overnight care’. 

A claimant can use our Standard letter BT1 to challenge a reduction due to the Bedroom Tax if they feel they need an extra bedroom due to having a non-household carer but the HB Office do not feel they meet the rules.

Can a bedroom to allocated to the non-household carer of a non-dependant?

This is not covered by the HB Regulations - and could be seen to be discriminatory and so may be worth the claimant challenging a Bedroom Tax decision if they have, and need, a bedroom in such circumstances - click here for more information.

Can a bedroom be allocated to the non-household carer of a child?

In the Supreme Court judgement on 9th November 2016 Judge Toulson stated "I cannot, with respect, see a sensible reason for distinguishing between ...between adults and children in need of an overnight carer. "But until the regulations are changed claimants in this position will have to apply for a DHP. More on  "overnight carer for a child"  here.





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