Housing benefit and under occupancy

wendyg7246

Hi

The person I care for had a visit from his landlord Waterloo Housing today who advised him about the new cap on Housing Benefit that is coming into play next year.

He understands about the 14% reduction in housing benefit as he has one empty bedroom but they have said he'll have to move out!!

Does anyone know if this is right and more importantly legal???

He has epilepsy so when he is ill I have to stay over for around 3 days until he is back on his feet so that bedroom is used for me.

Any advice gratefully received

PhGage

With luck, someone will be along soon who can answer your question. I think it might help if you could state:

• if Waterloo Housing is a Social Sector Housing Association (I guess) or a Private Sector Rental;
• the age of your friend;
• which, if any, benefits your friend receives;
• whether Waterloo Housing gave any specific grounds for stating he must move.

dseventy

You need to answer the above questions to get advice as its age/benefit specific.

D70

wendyg7246

Hi


if Waterloo Housing is a Social Sector Housing Association (I guess) or a Private Sector Rental; - social housing

the age of your friend;45

which, if any, benefits your friend receives; DLA and incapacity

whether Waterloo Housing gave any specific grounds for stating he must move. - just because there is an extra bedroom

i am a non resident carer that has to stay over 3-4 nights a week when he is ill

BigAunty

What has been nicknamed the 'bedroom tax' (the loss of full housing benefit for social housing tenants of working age who have unoccupied bedrooms) doesn't affect the security of tenure of their tenancy.

A social housing tenant (council/housing association) is expected to make up the shortfall in HB from their other income.

A disabled carer who has an overnight carer who lives elsewhere is entitled to the 2 bedroom rate of HB. Is he severely disabled, does he receive Disability Living Allowance?

Currently, lots of social housing landlords are informing their tenants of the changes that affect them from April next year as they want to sort out who wants to move to smaller properties from now on.

EDIT - cross posted with previous reply that answered the above query.

wendyg7246

Hi Bigaunty

he receives low mobility rate and mid care rate DLA

they came to the door and said get a lodger or you will have to move out!!

worried isn't the word

As his HB is paid to Waterloo by Birmingham CC, should we advise Birmingham CC that I am a none resident carer who has to stay overnight when he is ill?

BigAunty

Get him to contact Shelter who will confirm his rights and security of tenure. They are experts at housing advice.

Get him to contact the housing association and ask them to put in writing his options to resolve the shortfall in rent if it affects him when introduced. Verbal advice, while it is very upsetting, is not worth the paper it is written on.

I do wonder whether the housing advisor has been clumsy with his communication and stated his tenants voluntary options as fact (getting a lodger or moving). Or whether your friend has misunderstood the advice on how to get around the 14% shortfall and thinks those two are his only option - staying put and paying the difference if he doesn't qualify for 2 rooms.

He will always have security of tenure - it is extremely hard for a social housing landlord to evict a tenant, even those with significant arrears and a history of anti social behaviour. Pretty much the only way a social housing landlord can make a tenant move that is up to date with their rent and not breaking their tenancy agreement, is when they've got a court order to demolish a property (and then they have to find accommodation for their displaced tenants as a priority).

They cannot make him leave - housing associations are usually very professional, have significant knowledge of tenants rights and their landlord obligations, and do not have a reputation of harassing their tenants out of properties. The fact that they have decided to visit tenants way in advance of the HB changes rather than just stick a leaflet through the door shows how very socially minded and proactive they are to their tenants needs.

You will need to check whether he qualifies for the 2 bedroom rate of HB - hopefully the posters on MSE can dig out the exact criteria. Otherwise his options are to pay the shortfall out of his other benefits (or take in a lodger or move, those are actually valid options, if not particularly welcomed by tenants).

stef240377

I received a letter from the Bromford living group of HA today.

There is nothing on the letter detailing whether or not theres relief for a carer stopping but it does say the folowing.

If you have 1 or more bedrooms than you need your HB entitlement will be reduced by 14%, 2 or more rooms will be reduced by 25%.

Children of the same sex under 16 are expected to share as are opposite sexes under the age of 10.
Each adult or couple would have their own room.
No extra rooms for when someone visits - including when a child stays with a parent whom they normally dont live with - so if the main carer has their own property it is this one that the entitlement will be given to, even in the cases of shared access.
No extra rooms will be allowed for medical reasons, for example when a couple need to sperate because one is ill or recovering from an operation.

It affects working age people who live in council or HA homes,
The government have said the measure will affect only tenants of working age and below the pension credit age - 61 when the criteria comes into effect.

A couple or a single person in a home with two or more bedrooms will see their HB reduced by 14% for 1 bedroom more than they need and 25% for 2 or more.

You will need to fund the difference between the benefit you are given and the rent you need to pay if you stay in your existing home.

Your options are to join a choiced based lettings scheme, homeswapper or contact HA for advise on finding a smaller home. Alternatively you may decide to go back to work. The numbers given for Benefits helpline, CAB and the National debt line.

wendyg7246

I have checked the Birmingham CC website as they are the ones who pay the benefit to Waterloo and their site says

The new rules will restrict the size of accommodation you can receive Housing Benefit for based on the make up of your household.


The new rules allow one bedroom for:


- every adult couple (married or unmarried)

- any other adult aged 16 or over

- any two children of the same sex aged under 16

- any two children aged under 10

- any other child (other than a foster child or child whose main home is elsewhere)

- a carer (or team of carers) who do not live with you but provide you or your partner with overnight care


So this means he has a room and i have a room to use when i need to stay overnight

pickpocketlocket

wendyg7246 wrote: »

Hi Bigaunty

he receives low mobility rate and mid care rate DLA

they came to the door and said get a lodger or you will have to move out!!

worried isn't the word

As his HB is paid to Waterloo by Birmingham CC, should we advise Birmingham CC that I am a none resident carer who has to stay overnight when he is ill?

Are you sure he did not misunderstand, or only gave you selected highlights of the conversation? Perhaps if he asked, "How am I supposed to make up the shortfall", and they answered "You could get a lodger or find somewhere smaller"?

wendyg7246

Probably! I have emailed Shelter for advice and from what I have read on the birmingham council site he will be ok, i will just get him to write to them confirming his DLA and that he has a non resident carer that stays overnight when required. i have downloaded a form from the BCC site he can fill in