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Universal Credit: possible deduction when full-time uni student DD turns 21? Apply for a carer bedroom instead?

8 replies

ConfusedCarer · 09/12/2024 00:52

I am the 24/7 carer for my profoundly disabled young adult DS. I receive Carer's Allowance and Universal Credit with the carer and housing elements. I also separately receive Council Tax Support. We live in a house with 3 bedrooms rented long-term from a private landlord. I am the appointee for DS and receive UC with the LCWWRA element and PIP (at the higher rates for daily living and mobility) for him.

My other DC is a full-time university student and is soon to turn 21. When I applied for UC earlier this year I put her down as still living with us at home as she would sometimes be returning from uni in the holidays and also staying over at times to help with the care of her brother.

Under Housing Benefit I understood that she would be discounted from any non-dependant deductions for as long as she is a full-time uni student. However I seem to remember reading somewhere that Universal Credit housing element is different and a deduction will be made for her as soon as she turns 21. I really can't afford to have a deduction made for her from what I receive. She is living on less than £50 a week and really can't afford to give me money to make up for any deduction either. It also seems wrong that a deduction will be made when she is already paying an awful lot of money for her university accommodation. In reality she lives in her shared flat in her university city, rather than at home with us, at least for the vast majority of the time.

I'm trying to work out what the best thing to do would be legitimately in our circumstances and would be grateful for advice. If I report a change to UC - that DD no longer lives at home - I assume a deduction for her would no longer be taken but we would lose the entitlement to the third bedroom? We can't move and we do need the third bedroom, not only for her to come home to visit but also for her to help with care of her DB. I am getting older and am pretty much exhausted most of the time after many years of 24/7 caring. To have that back-up especially at times of illness or other emergencies - like a recent caring injury I am struggling to recover from, for example - is essential. Is it possible to apply for the third bedroom to be classed as an additional carer bedroom in our circumstances and, if so, how do I go about this?

I have tried my best to find information online but it was not clear to me - I have to admit I am tired in brain and spirit as well as body - or in enough detail. I also rang CAB but they did not know and just told me to ask UC. I don't think you always get the right answer from UC depending on who you happen to speak to.

Many thanks in advance.

OP posts:
Reginald123 · 09/12/2024 05:49

I am sorry I don't know the answer to your question but you may find that you get more answers and detailed responses if you post the same post on Scope - they have a benefits forum and some real experts in disability benefits.

I agree with you about not asking UC as I am sure they will give wrong or inconsistent answers and can't be relied on.

One thought, with your mentioning your age and health and your daughter being at uni, and then presumably at work, have you explored the option of some respite care to give you a bit of a break?

Mrsttcno1 · 09/12/2024 08:11

Hi OP, it’s tricky because under UC rules she would be classed as living with you if she intends to come back to live with you, which can cover university, presuming she isn’t planning on buying or renting a house after she finishes her studies. So you’d still be entitled to the extra bedroom but would be subject to the deduction.

The carer’s bedroom is specifically for where someone needs regular overnight care from a carer, that could be a paid carer or a relative, it is for someone to come and provide that overnight care, but as you receive Carer’s Allowance for your child already the assumption would be you are the one providing care and you already have a bedroom so the extra bedroom is still the issue.

Ihopeithinkiknow · 09/12/2024 08:31

Not the same I know but I was the full time carer for my son, he unfortunately died in 2022 at age 22 in an accident and we then had to start paying an extra £60 a month because we now had a spare bedroom which I thought was a bit harsh and added extra stress on what was an already shit time. I feel for you and I hope you can find a solution.

ConfusedCarer · 10/12/2024 11:49

Thank you for posting @Ihopeithinkiknow and for your kind words. I completely agree - that is very harsh indeed. I'm so sorry for the loss of your son and for everything you have been through, and are no doubt still going through. Flowers

OP posts:
ConfusedCarer · 10/12/2024 13:43

Mrsttcno1 · 09/12/2024 08:11

Hi OP, it’s tricky because under UC rules she would be classed as living with you if she intends to come back to live with you, which can cover university, presuming she isn’t planning on buying or renting a house after she finishes her studies. So you’d still be entitled to the extra bedroom but would be subject to the deduction.

The carer’s bedroom is specifically for where someone needs regular overnight care from a carer, that could be a paid carer or a relative, it is for someone to come and provide that overnight care, but as you receive Carer’s Allowance for your child already the assumption would be you are the one providing care and you already have a bedroom so the extra bedroom is still the issue.

Thank you for posting @Mrsttcno1 .

It's not clear whether DD will come home to live or not after she hopefully graduates this summer. It's a tough degree so her focus is still on getting through that. Her current shared flat has to be paid for until near the end of July whatever happens. Selfishly I'd love her to come back home for her company and help with caring, (when she's not working, studying, sleeping and socialising of course), but in reality I want her to feel free to make her own choices. We live rurally and she has been enjoying living in her uni city. She might decide she wants to find another shared rental and stay in the city, where there are more work and social opportunities for a young adult starting out in life. I wouldn't be surprised and I wouldn't blame her. Although we all love each other very much, it has not always been easy of course for her, growing up with a permanently tired 24/7 carer mum and alongside the needs of a profoundly disabled sibling. Like many parents though, I want her to feel that she always has a home with us to return to if ever she wants or needs it. Life is precarious out there, especially for a young person. That all still leaves me with the problem of the deduction/3rd bedroom of course and what to do for the best.

In terms of the carer bedroom, I thought that I had read somewhere that you could apply if you, your partner or child need overnight care from a paid carer or unpaid friend/relative. That suggested to me an acceptance that more than one person is sometimes or always needed to provide care at night, rather than just one person doing it all eg the disabled child's parent? A partner or parent would be receiving Carer's Allowance in those cases and already have a bedroom of their own? I do receive Carer's Allowance yes, but I am just one person doing what is the onerous task of providing 168 hours of care a week. All nights are waking nights, with 4 hours of sleep being a good night. Carer's Allowance is paid for providing 35 hours of care a week. Mostly I don't get any help with the 168 hours unless DD stays over, and so the need for the 3rd bedroom is certainly there. Or does the UC system assume that one person alone should provide 168 hours of care, even during the time of their own illnesses or injuries or just getting older?

OP posts:
ConfusedCarer · 10/12/2024 14:49

Reginald123 · 09/12/2024 05:49

I am sorry I don't know the answer to your question but you may find that you get more answers and detailed responses if you post the same post on Scope - they have a benefits forum and some real experts in disability benefits.

I agree with you about not asking UC as I am sure they will give wrong or inconsistent answers and can't be relied on.

One thought, with your mentioning your age and health and your daughter being at uni, and then presumably at work, have you explored the option of some respite care to give you a bit of a break?

Thanks for your post@Reginald123 .

I thought I'd try MN as I'm a long-time member (NC for this) and posters with professional knowledge or personal experience usually come up trumps on most subjects, but thanks very much for the tip to try Scope as well.

I agree about not asking UC. I was disappointed with that from CAB and after wasting a lot of time waiting and explaining. I just need to know factually what I can and cannot do and what is in the best interests of my family in an already very stressful life. It is very confusing, hence the username.

Respite isn't readily available and when it is it's not suitable, especially for profoundly disabled young adults like my dear son unfortunately. His needs are particularly complex and he also just doesn't cope with new people or new environments, nor they with him or at least in a way we could accept as being at all in his best interests. That wouldn't be a break for me, worrying about him and having to cope with the aftermath of it. So we carry on, a day at a time, for as long as we can. I really do appreciate the kind thought though.

OP posts:
BrightYellowTrain · 10/12/2024 14:53

To satisfy the overnight care condition for having an extra bedroom entitlement, an overnight carer who doesn’t live the house would need to be regularly staying overnight to provide care. That doesn’t sound like it is happening.

8dayweek · 10/12/2024 21:18

IIRC your daughter shouldn't be included as a household member if her main residence is elsewhere - for Uni students they would normally stay on your claim whilst in Halls of Residence and having to return home in holidays etc but once living in standard private rented accommodation this would be treated as their normal residence (I think it's potentially something to do with where you're registered for Council Tax - even if exempt etc).

But, if / when you remove your Daughter you should then request the extra bedroom task is created in respect of your (non-dependent) Son. You can then complete this to confirm an "extra" bedroom is required for regular overnight care from a non-resident. This should generate automatically, but if it doesn't - ask on the journal for it to be set.

For UC purposes, "regular" is not specifically defined in legislation so there's no set frequency etc. The non-resident does not need to be in receipt of any carer related benefits - in fact in some people's cases the non-resident may be a series of LA funded carers providing respite. Leading on from that, it does not need to be one specific non-resident either (i.e. you could have various friends or family members that stay over at times to support your caring role).

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