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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to be furious that my long-term disabled sister has just been told she will have to pay the bedroom tax?

155 replies

ElectricSheep · 17/04/2013 22:15

She has been battling with a very severe disability all of her life. Everyday is a struggle for her.

Twenty years ago after a long stay in hospital she was offered a 2 bedroom council flat so that she could be near us - her family - so that we can care for her and support her.

She knows she can never work again. Her consultant advised against it and it is just not a practical option.

And now she is expected to pay about 7% of her income in bedroom tax because the council gave her 2 bedrooms. She didn't ask for 2 bedrooms, it's all they had available. They can't offer her 1 bedroom and anyway moving would much more difficult for her than anyone else.

I'm so furious. On the day the Govt spend £10 million+ on a very controversial funeral they have just made life even more difficult and miserable for my brave, vulnerable sister. Bastards.

OP posts:

IneedAsockamnesty · 18/04/2013 02:08

No he wouldn't as that does not matter.

He would however have a case if he regularly requires a overnight Carer so needs a room for them.

fortyplus · 18/04/2013 02:09

LackaDAISYcal I don't think it would help him. However there's scope for discretionary payments - it would be worth taking advice from his landlord but I wouldn't get his hopes up.

IneedAsockamnesty · 18/04/2013 02:09

Sorry that was answering lack's question

LackaDAISYcal · 18/04/2013 02:11

I think if I was in a position that I was disabled, or my child was, and I needed a lodger I would ask for a DBS check but stipulate it would be fully refundable after 3 months rent or similar.

Darkesteyes · 18/04/2013 02:12

A friend of mine is paying £14 a week bedroom tax but her nearly 22 yr old daughter is finishing uni in June and coming back home. Im guessing she will still have to pay it as her daughter is over 18

fortyplus · 18/04/2013 02:12

Fortunately for me I'm not an income officer so I don't deal with the sharp end of this, but we're already getting some very distressed people in. Would you believe we've hired a security guard for our reception area because of the perceived threat to staff? Not my decision I hasten to add!

Darkesteyes · 18/04/2013 02:12

Anyone seen the film Pacific Heights?

LackaDAISYcal · 18/04/2013 02:14

thanks. He spoke to his landlord today (local authority) who are insisting that he pays. His case is all the more tragic in that his disability is a result of an infection contracted whilst in hospital for something else entirely.

fortyplus · 18/04/2013 02:16

LackaDAISYcal yes if he needs overnight care a bedroom can be allocated for that even if it isn't every night. But I'm not sure how you can prove a medical need for this - presumably a doctor's letter? Sorry that's not my field of expertise!

Darkesteyes · 18/04/2013 02:17

More work for the GPs then.

IneedAsockamnesty · 18/04/2013 02:17

A client that pops into my head.

She is a lone parent with 2 children living at home one significantly disabled who qualifies for higher rate care. Disabled child is about 13/14 youngest child is 15 months both boys.

Ex has a prohibitive steps order preventing both boys sharing a room so if she downsizes she is breaching a court order and could potentially lose residency of her child ( her ex uses the courts to further abuse her and has outright stated he will claim the older child is a risk to the baby)

I don't have much hope that her application for exemption will be agreed with as there is limited understanding about his disability.

fortyplus · 18/04/2013 02:18

Yes the landlord has a duty to maximise rental income. They can't make exceptions they have to follow the rules. Just as well, probably, or most people who work in housing would be bending the rules to help out their tenants

Darkesteyes · 18/04/2013 02:19

Sock thats awful. Rock and hardplace.

LackaDAISYcal · 18/04/2013 02:20

Oh, and no overnight carer needed at present. But his house is unsuitable as he can't manoeuvre his wheelchair in the narrow and small kitchen and hallway so relies on carers to cook all his meals etc and to empty his commode which is also in his "living" room,

I think it's grossly unfair that he is in this situation through no fault of his own and is now being asked to pay for the privilege.

fortyplus · 18/04/2013 02:21

Sockreturningpixie - under her circumstances no court would evict her for non payment of rent. Obviously I couldn't possible advise that she should only pay what she can afford and just go into arrears...

IneedAsockamnesty · 18/04/2013 02:22

Lack, evidence from the Carer stating they do provide overnight care is enough even if its a none paid Carer combined with a letter from any professional working with him confirming it. Should do the job.

Dark, your friend with the 22 yo. A over 18 is entitled to their own room so she would not be under occupying and as she's under 25 and related the rules for a none dependant deduction are different so she should be ok.

IneedAsockamnesty · 18/04/2013 02:25

That's what I said to her because I guessed the likelyhood of getting anything other than a suspended notice to seek possession was less risky than the chance of her very well cared for child being handed over to a manipulative abusive violent but very well off and well spoken ex.

Darkesteyes · 18/04/2013 02:26

Thankyou Sock. I cannot believe the way vulnerable people are being treated. Its fucking disgusting.

IneedAsockamnesty · 18/04/2013 02:27

Sorry lack xpost.

Could he not have a Carer come in a do something they would normally do in the day at night?

Does he really not need one or is it just cost prohibitive

fortyplus · 18/04/2013 02:34

Sockreturningpixie we have tenants with children who owe thousands in rent. They get taken to court, offer to pay a little back but default on this so just get taken back again a year or so later. They never get evicted. But obviously it would be distressing for her to go through that processs - she's probably not an old cynic like me who would work the system!

DHPWontSolveMuch · 18/04/2013 02:40

I work in Housing Benefits as an appeals officer, and I also administer DHP (team of 5-15 people doing same thing) Don't want to out myself.

Various key things to consider.

Overnight care. This must be regular. The person who is providing the overnight care must actually need a room, and the room must have a bed in it. So if they are sitting up next to the claimants bed all night you wouldn't count, but if they are in the next room in case the claimant wakes up that is ok. The carer can be anyone, as long as they are prepared to sign a statement giving their own names and addresses, and say how much care they give. There can be several people sharing the care, we just need a letter from each one.

There is no definition of regular. We say approx once a month as a minimum, but if someone was undergoing treatment which took place every few months, but needed someone to stay with them overnight afterwards, that would be regular. Equally someone who is bi-polar and has several episodes a year where someone would need to be in the home overnight with them would need an overnight carer. It would be up to the tenant and the carer to say how often this happened, and to 'prove' it was regular.

electric sheep you mentioned the very sad case of a family where the son died, and as a result the family are now being hit by the deduction. If there is a change of circumstances which comes about through death which means that the household needs fewer rooms there is a 52 week exemption from the bedroom tax. In the case of an 18yo this will definately be the case, if there were a 14yo boy and a 4yo boy, and the 4yo died, there would be no protection as they would have been expected to share a room anyway.

Disabled children - there is hardly any legislation about this. It is up to the LA to decide if the disability is such that the children couldn't share a room. It is still untested, but we are expecting doctors letters outlining the position.

Disabled adults - no exemptions - they have to apply for DHP. The goverment have given us enough money to pay for 10% of the cases affected. In our council we are prioritising people who live in adapted properties, and we will pay those. We are unlikely to pay people who receive DLA care and are not in adapted properties, unless they can show that they are spending the DLA money on care. We are going to treat that money as available to use on paying the rent. I don't think that's fair either, but we just can't pay everyone.

Foster carers - we have been told this has to be paid through DHP - we will only pay if there is a current placement, or there has been one in the last six months.

Single people, families fleeing domestic violence, people with adult children who won't pay the non-dependent deductions, night workers with extra transport costs and many, many more will be left facing eviction.

I don't know anyone in the local authority or the Housing Associations who is happy about this.

DHPWontSolveMuch · 18/04/2013 02:42

Sorry, that's really long - If you aren't happy with a decision, ask the council to look at it again - we are about 3 months behind with appeals, but having an appeal in the tray will normally be enough to convince a HA not to evict you.

LackaDAISYcal · 18/04/2013 02:42

thanks for the input. He doesn't need overnight care at the moment, and I can't see a way round it to allow for overnight care. He really does seem to be stuck between a rock and a hard place. Sadly, he isn't the only one in this situation

sashh · 18/04/2013 04:05

It's crazy.

Not only am I in a 2 deb place, the HA built 7 2 bedroom bungalows for people with mobility issues, when I need to be in a wheel chair full time the only thing that needs to change is the kitchen.

They were built with high plug sockets, low light switches, wide doors etc etc.

Where I live a lot of people were moved out of London to free up accommodation in London and it was offered on 'like for like' so if you had a 3 bed flat in London and you opted for the move you got a 3 bed house , those people, will now have to move again, if they can find any where.

Vijac

It is not an 'inconvenience' it is a life changing, and for many a life threatening thing to move. Your ignorance is astounding.

Yes the lucky disabled person not being put in a work house or left on the street to beg. How lucky they are.

Have you ever heard the term TAB, that is what you are, a 'temporally able bodied', one car crash, one bomb on public transport, on infections disease - that's all it takes.

OrangeFootedScrubfowl · 18/04/2013 04:23

Can everyone just agree en masse to not pay any rent in protest? It's ridiculous.

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