Housing Systems: Combating poverty and sustaining tenancies.
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 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.

Ooops – not logged in?
Looks like you need to log in.
(If you’ve forgotten your login please email us at info@housingsystems.co.uk)

Just visiting?
If you’d like to see the information on this page, and discover all the other useful tools we offer, you’ll need to be registered member.

If you’d like a free, no obligation 2 week trial just email us - info@housingsystems.co.uk.

Find out more about the trial and services we offer here.

We’d love to hear from you.






Useful Tools