LHA new rules for additional carer bedroom

AM58

Hi,

I just wanted to share my experiences trying to obtain the new LHA rate for an additional bedroom for a carer to stay overnight.

I meet all the qualifying criteria for an addtional bedroom rate, receive middle rate DLA, receive regular overnight care etc. The care is not every night but is provided regularly by friends and family as a private arrangement.

I have read the guidence notes HB/CTB A3/2011 (Revised) as issued to the local councils this confirms the above. It also confirms that receiving middle rate DLA should be sufficient evidence of need.

When I initially applied for this new rate I was refused on the grounds that family and friends do not qualify as carers. Despite the guidelines clearly stating that they do.

I then appealed this decision and was told I could only continue with my application if i could provide:

1. The names and addresses of the people who stay overnight
2. Confirmation in writing from the people who stay overnight
3. A six month log of when people have stayed overnight to provide care

This letter was from the head of department basically refusing my claim on the grounds I do not have a six month log (despite never being asked to keep one).

I would have easily been able to provide all other information but feel disapointed that the council has chosen to single me out to request a six month log, and refused the benefit I should be entitled to because of this.

Is this fair?

Has anyone else experienced ths?

This will result in me being made homeless as I live in and need a larger place with the extra room but the council wont pay it.

toomuchinfo

Would you be able to complete a log in retrospect, maybe using info provided from your carers as to when they stayed over?

Between you it should be possible to prepare a log, maybe your carers put down in their diaries or calendars when they were due to stay or had stayed.etc.

dmg24

I would argue that their evidential requirements are excessive and as such they are acting ultra vires. They cannot expect someone to provide such information retrospectively (although I would say it is reasonable for them to ask you to do this once your entitlement is in place). Can you get a letter from your GP confirming that you have someone stay? If they persist with this line remind them that you are willing to keep appealing this as you feel they are acting outside their powers.

Another thought - it would be interesting to gather evidence from other LA's as to how they are interpreting the rules. You can do this by sending emails saying that you live in the area and wish to know the criteria, you don't have to be specific.

Richie-from-the-Boro

AM58 wrote: »

Hi,

I just wanted to share my experiences trying to obtain the new LHA rate for an additional bedroom for a carer to stay overnight.

I meet all the qualifying criteria for an addtional bedroom rate, receive middle rate DLA, receive regular overnight care etc. The care is not every night but is provided regularly by friends and family as a private arrangement.

I have read the guidence notes HB/CTB A3/2011 (Revised) as issued to the local councils this confirms the above. It also confirms that receiving middle rate DLA should be sufficient evidence of need.

When I initially applied for this new rate I was refused on the grounds that family and friends do not qualify as carers. Despite the guidelines clearly stating that they do.

I then appealed this decision and was told I could only continue with my application if i could provide:

1. The names and addresses of the people who stay overnight
2. Confirmation in writing from the people who stay overnight
3. A six month log of when people have stayed overnight to provide care

This letter was from the head of department basically refusing my claim on the grounds I do not have a six month log (despite never being asked to keep one).

I would have easily been able to provide all other information but feel disapointed that the council has chosen to single me out to request a six month log, and refused the benefit I should be entitled to because of this.

Is this fair?

Has anyone else experienced ths?

This will result in me being made homeless as I live in and need a larger place with the extra room but the council wont pay it.

If you have an individual, or a group of different individuals who provide night care and stay all night for most of the week / month and the receipts or bank statements to prove that you are paying for the service you should have no problem.

The new 2011 rules are :

- the care provided by non-resident carer for claimant or their partner [ not other family member ] only 1 extra bedroom allowed.
- Must have established need for overnight care
- Must regularly stay overnight
- Care provided by someone outside of household
- Must have an extra bedroom for the Carer’s use
- Must either get Attendance Allowance or middle or higher rate care component of DLA or must provide sufficient evidence to confirm need for overnight care.

2011 Housing benefit maximum are :

• 1 bedroom property £250 a week
• 2 bedroom property £290 a week
• 3 bedroom property £340 a week
• 4 bedroom property £400 a week

The problem arises when your carer is non-contracted, and your description of ' friends and family as a private arrangement ' if this is a bona fide arrangement provide them with all three requirements, though I accept that number three will be at best a guesstimate.

There is also a pending housing benefit question, as the O/P will be asked by the LA to pay the cost of the extra room from his / her own pocket.

dmg24

Richie-from-the-Boro wrote: »

The problem arises when your carer is non-contracted, and your description of ' friends and family as a private arrangement ' if this is a bona fide arrangement provide them with all three requirements, though I accept that number three will be at best a guesstimate.

This is where it gets silly though - if the OP prints out a diary that lists someone as staying five nights each week over the past six months, what will the LA say next - prove it? It is a pointless exercise.

Richie-from-the-Boro

dmg24 wrote: »

This is where it gets silly though - if the OP prints out a diary that lists someone as staying five nights each week over the past six months, what will the LA say next - prove it? It is a pointless exercise.

It's more likely to be future pre-emptive, once the detail is laid out by the O/P a scaffold is erected on which they can hang dates / times / money movements / he stayed over when his employer said he was on nights etc.

Of course it is also designed to scare off those who have their boyfriends over but claim from the taxpayer by committing it to writing. The bottom line is the taxpayer [ general ] pays the DLA and the taxpayer [ local ] pays the room cost. I don't see a problem, genuine applicants will be able to provide receipts for a ' contracted ' carer and those equally genuine people who use family etc will I'm sure have no problem asking them to sign to say the provide care x amounts of nights etc.

dmg24

Richie-from-the-Boro wrote: »

It's more likely to be future pre-emptive, once the detail is laid out by the O/P a scaffold is erected on which they can hang dates / times / money movements / he stayed over when his employer said he was on nights etc.

Of course it is also designed to scare off those who have their boyfriends over but claim from the taxpayer by committing it to writing. The bottom line is the taxpayer [ general ] pays the DLA and the taxpayer [ local ] pays the room cost. I don't see a problem, genuine applicants will be able to provide receipts for a ' contracted ' carer and those equally genuine people who use family etc will I'm sure have no problem asking them to sign to say the provide care x amounts of nights etc.

The issue is the retrospective nature of the request. There is a great difference between asking someone to sign to say that they have provided care for x nights a week over the past six months, and asking them to stipulate exactly when they were there. It is the latter that is ultra vires, it goes far beyond what is required to fulfil the Regs.

AM58

Thank you for all the replies,

I have already given the council a consultants letter which states night care is required and provided by family and friends. But this is not sufficient for them.

My condition varies and care needs vary but on average would be around 3 nights a week.

I will keep a record from now on and try re-applying in few months time with this additional evidence.

I do feel a bit let down by them though as am missing out on this despite meeting the requirements and providing a consultants letter for them.

Thanks again for the advise

dmg24

AM58 wrote: »

Thank you for all the replies,

I have already given the council a consultants letter which states night care is required and provided by family and friends. But this is not sufficient for them.

My condition varies and care needs vary but on average would be around 3 nights a week.

I will keep a record from now on and try re-applying in few months time with this additional evidence.

I do feel a bit let down by them though as am missing out on this despite meeting the requirements and providing a consultants letter for them.

Thanks again for the advise

Don't give up AM58, I have seen many a battle like this with LA's, they seem to think that they know better than your clinicians. I once got told that I can't be ill because I'd been on holiday, despite letters from my consultant telling them about my condition!

Have you been advised of the next step in the appeals process?