Disabled mother moving into my housing association flat

[Stephen1234]

Hi everyone, I’m in need of some advice. I live in a one bedroom housing association flat with my partner and my mother is currently living with my sister and her daughter in a two bedroom council flat that they have signed an agreement with the council to state that they could not be rehoused due to overcrowding. My mother is 81 and in receipt of high rate AA and requires constant care which my sister cannot give her as she works. My question is that is there anyway my mother could be rehoused with me or if she came to live me would I be classed as making myself intentionally homeless?

Yes your mother could move in with you. You will have to tell the council.
Do you and your partner work ?
Why would you be making yourself homeless?

Are you waiting to move her in with you because you want to then claim overcrowding in order to move?

Are you wanting to be rehoused in a 2 bedroom, on the basis of overcrowding?

Me and my partner both get pip. Ideally we wanted to be rehoused with her in a two bed but for some reason we thought that her living with us would make us in breach of our tenancy agreement.

Your tenancy agreement likely has a clause which says don't become statutorily overcrowded which you are likely to with 3 adults in one bedroomed flat unless it has two reception rooms.

It might also have a clause which requires you to tell your housing association when someone moves in or out so you cannot escape them knowing.

So you are right, moving your mum into your one bed flat is likely to breach your tenancy.

So my only option is to swap with someone with a two bed who wants to downsize to a one?

Your sister can't claim to be rehoused, but surely your mother can? She is not adequately housed. Your sister may need to give her a letter asking her to leave (which she has every right to do) in order to force the council to house her. Once the council is actively trying to find a way to adequately house an 81yo in need of significant support, and you volunteer that you would be willing to provide that support if allocated a 2-bedroom tenancy, things may suddenly become easier, as the council's choice will be either to provide funding for a residential care home or facilitate you being able to accommodate and care for her. Does yoir mum have a social worker already?

Are you and your partner actually able to provide the care your mum needs? Obviously I understand there are many different ways to qualify for PIP but many of them would preclude taking on such responsibilities.

Could you swap with your sister? That seems to solve the problems.