Help needed - new underoccupancy rules for housing benefit

[CwtchesAndCuddles]

A friend has a three bedroomed property which has been adapted due to a disabled facilities grant to provide an extra bathroom. He two sons have severe learning difficulties and autism and attend a special school. The boys can not share a room and paed will confirm that it would be unsafe for them to do so.

Council have ruled that the boys could share and that HB is going to be reduced.

Mum is going spare trying to sort this out - she already has more than enough on her plate caring for the boys.

Anyone have any advice or know the rules?

That's the new rules. It doesn't matter why, if they are of an age and gender which would be reasonably expected to share, they are underoccupied.

There are Discretionary Funds available, but they are short-term to enable families to bridge the gap while they get the more 'suitable' accommodation.

No, I'm wrong..there is hope. Wait a mo...they have helpfully made the pdf read only, so I have to type the text.

On what grounds did the council make the ruling, Cwtches? Did they actually consult anyone who knows about your friend's children's disabilities?

Lougle's right, though, the rules are pretty inflexible in England
www.rbh.org.uk/your_services/rent_and_arrears/welfare_reform/under_occupancy/faqs_underoccupancy.aspx
And yes, it's very wrong and hitting the most vulnerable people hardest.

I foudn a document about examption, lougle, then realised it was for Scotland :(

Found.
Exemption.

Fat fingers.

Sorry - I should have said we are in Wales.

The property has been adapted by the council to meet the needs of the family as they needed an extra bathroom (one of the boys has smearing issues).

Parliament Briefing Paper

pg 11:

"In a unanimous ruling....the current Housing Benefit regulations....discriminates against disabled people by not allowing an additional room where.....two children cannot share a room because of disability...

... The Supreme Court granted permission [for DWP to appeal].... In the meantime the ruling must be applied and guidance has been provided in Housing Benefit/Council Tax Benefit Circular A4/2012:

Due to a Court of Appeal judgement...those whose children are said to be unable to share a bedroom because of severe disabilities will be able to claim Housing Benefit for an extra room from the date of the judgement, 15 May 2012. However it will remain for local authorities to assess....and decide whether their disabilities are genuinely such that it is inappropriate for the children to be expected to share a room...

...LAs should expect to be provided with sufficient medical evidence to satisfy themselves that these factors are sufficiently weighty in the individual case to make it inappropriate for the children to share a bedroom on a continual basis."

Thanks I for that I will pass on the information.

Does that ruling not predate the new Regulations? Have the new Regulations made changes which overrule this? I think you would need to check.

I would get in touch with the http://www.dls.org.uk/ Disability Law Service or Contact a Family or a lawyer who specialises in welfare rights. Richard Copson at Pannone is helpful [email protected]

Just looked at this and it seems the guidance stands pending any Supreme Court appeal

I can also see it was Polly Sweeney at Irwin Mitchell who represented one of those involved. She is fantastic and can be contacted at
[email protected]. I am sure she would help.

Have seen this on fb so I am not saying it is 100% accurate, a bedroom under 70 sq ft is classed as a box room and cannot be charged bedroom tax under Housing aCt 1985, section 326.

Hth someone , if true.

herefordheckler.co.uk/bedroom-tax-tape-measure/

herefordheckler.co.uk/bedroom-tax-tape-measure/