Housing benefit and under occupancy

pickpocketlocket

wendyg7246 wrote: »

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

How often is he ill? Some LA's are very strict on this, the overnight stays would need to be regular.

wendyg7246

i'd say i have to stay a third of every month, around 12 nights in total

MarionWaterloo

Hi Wendy

My name is Marion Duffy and I’m Director of Operations at Waterloo Housing Association. I’ve just seen your post and want to say I’m sorry that our visit to your friend has caused concern and queries. It is not the case that your friend would have to leave the property.

We are getting in touch with our customers in a number of ways to talk about how the welfare reform changes will affect them. Each person’s situation can be different. I would be pleased to talk through your circumstances with yourself or your friend so that I can answer your questions and provide reassurance about the options available. Please call me on 0121 355 4501.

Regards
Marion

PippaGirl_2

Wow, hope that reassures him. Must admit from a social housing tenant that had me worried for a second as I am well and truly prepared if the time comes to make up the shortfall by hook or by crook just so that I have the pleasure of having my grandchildren stay with me, and friends. I really don't want to have to lose that choice! Plus I've spent so much on this house, even just this year.

I'm full to capacity atm with adult children! I read somewhere as an aside this week that there is perhaps a legal challenge on what is a bedroom. One of my bedrooms is 5ft by 6ft but with the door in the 5ft wall half way along all there is room for is one bed and one bedside (half width) cabinet no room for a chest of drawers or anything. Apparently a bedroom has to have so much space. Can't remember where I read that but it possibly will mean some people might not have to move out.

paddedjohn

Out of interest, does the person giving care have to be in receipt of careers allowance to enable the claimant to receive benefits for a second bedroom?

Cate1976

Not sure if this applies to new rules but under the old rules rooms under 50 square feet are ignored. If bedroom is occupied by young children there has to space for them to play and for older children room for them to study. To give you some idea of space rules, our social worker told us that floor space in lounge and hallway wasn't enough for two children age 2. The floor area not taken up by furniture in lounge and hallway combined is 139 square feet.

PippaGirl_2

oh Cate that is really interesting, wonder if there is a link to rules about bedroom space? No one can believe the size of our bedroom 3! My son has his chest of drawers on the landing and it is a mission to squeeze round to get to the loo or into his room as the landing is a square. Probably a fire hazard!

BigAunty

It's nice that Waterloo housing association has come forward to clear up the anxiety of the OP's friend. I always think that social housing landlords are much more proactive and principled that many private landlords and I was sure that it a misunderstanding/miscommunication issue than an eviction threat.

I'm not an expert on HB but I've never come across any size regulations whatsoever on whether or not a room can be classed as a bedroom or not so it would be good if someone could post a link to official DWP guidance. Certainly on the information published about the HB reductions for claimants of working age with under-occupied rooms, there's never been a mention of size as a criteria.

BigAunty

paddedjohn wrote: »

Out of interest, does the person giving care have to be in receipt of careers allowance to enable the claimant to receive benefits for a second bedroom?

That's a good question. Here is what one organisation writes but it's still not explicit on whether there needs to be a paid Carer or if it is based on the level of DLA by the housing benefit claimant, and they need overnight care from someone who doesn't live there.


Will I be allowed an extra room due to my disabilities?
Generally the answer to this question will be no. For example if you and your partner sleep in separate bedrooms or you use a spare bedroom for medical equipment, or you have a disabled child who has their own bedroom where they have a brother or sister they could share with, then no extra bedroom will be allowed regardless of how genuine the need for it.

The only time you will be allowed an extra bedroom due to disability is where you have a non-household carer where: you or your partner receive the mid or high rate CARE component of Disability Living Allowance AND need overnight care AND a non-household member uses a bedroom to stay overnight to provide care to you or your partner.

http://www.gght.org.uk/TenantServicesLive/Content.aspx?id=286

PippaGirl_2

So it would seem you need to prove the overnight care need. I thought that was the difference between HRC and MRC, that the HRC included night care?