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 currently 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.
But the rules are changing from 1st April 2017 - click here
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 ie from 1st April 2017 - click here
, claimants in this position will have to apply for a DHP. More on "overnight carer for a child" here.