To think I don't have to pay 'bedroom tax'?

[Jone123456]

Posted in AIBU for traffic.

I recently moved into a three bedroomed HA property as a single parent with two children of the same age and same sex. However, one of the bedrooms is a 'box' room (can just about fit a single bed inside, nothing else) and one of my children is severely disabled with multiple intellectual disabilities, and has violent outbursts pretty much all of the time, especially towards his sibling, and other behaviours such as not sleeping, throwing furniture around the room at all hours, screaming for hours on end etc. The HA agreed we should have a three bedroomed property but as I claim housing benefit, the benefits office are telling me I need to pay 15% of the rent each week. This may not sound like a lot, but I am currently not able to work and it would make a huge difference if I had to pay this. The rent on our old two bed property was exactly the same as the rent on this house. It doesn't seem fair.

Is there any way around this?

It's been a while since I worked in Housing (and I'm in Scotland) but in situations like yours, I'd look into a discretionary housing payment.

england.shelter.org.uk/housing_advice/housing_benefit/discretionary_housing_payments_dhp

I would put a covering note in explaining that your dc can not share a room for the reasons you outline above. Be factual, cite health care professionals, consultants, teachers, anyone else involved that might be useful. Certainly I've helped people get discretionary payments previously for similar situations to yours.

Also as far as I'm aware:

"disabled child under 16 who can't share a bedroom because of their disability"

should get a room of their own under the "bedroom tax" system.

Does your LA have a benefits/welfare team? Sometimes they can be the best way of getting decisions like this sorted quickly.

Got distracted, sorry.

Do you get DLA care component at the middle or highest rate for your ds (and are they under 16)?

If so, you should be entitled to three bedrooms anyway.

If not, apply for the discretionary payment and see how it goes.

Do you get DLA for your DC ? If so then you should not have to pay the tax. It may take repeated visits with documents to the council to get the system updated properly regarding this and your single person discount....and some months but if so has always been sorted eventually as far as I know

If you do not get DLA then as far as I am aware it is discretionary..and up to the council..as above take all/any documentation you have regarding his needs ...

Are you sure it's bedroom tax and both benefit cap?
My friend has to pay some rent depite technically overcrowded due to her benefits exceeding the allowed amount

We moved to a 3 bed HA house last year with 2 children who would usually be expected to share. We were given the 3 bed because DC1 has SN and needs his own space. At the time we were receiving some housing benefit, we just sent a letter from his consultant saying he needs his own room and they stopped the bedroom tax.

Check the size of the room. If it's less than 70 square feet it's exempt.

Sorry DC also gets high rate DLA so we sent proof of that too. We originally supplied it to the council to allow us to bid for a 3 bed house, but needed to do so again for the purposes of housing benefit.

Hi - yes we get middle rate care DLA for him.

And definitely less than 70 square feet! Probably more like 20

If you can get a single bed in it and open the door it's a bit more than 20 square feet...

Well it's a box over the stairs room, so whilst it fits a single bed it doesn't fit much else due to a massive flipping box taking up half the room.