Smaller Property Unavailable

mojos.revenge

What is the position when a Housing Association is unable to provide a smaller property for someone.

The person is at present living in a 2 bedroom bungalow, which is required for mobility purposes, however there are no one bedroom properties available.
She has written confirmation of this situation from the Housing Association, is the council obliged to cancel the tax?

beecher2

There's no tax to be paid, but the benefit paid will be cut by 14% if there's an extra bedroom. A lack of suitable smaller accommodation will not be a reason to reinstate this benefit so if the person decides to stay in the property, they'll need to find the money to make up the deficit.

Morlock

mojos.revenge wrote: »

The person is at present living in a 2 bedroom bungalow, which is required for mobility purposes, however there are no one bedroom properties available.
She has written confirmation of this situation from the Housing Association, is the council obliged to cancel the tax?

No, they are not obliged to rehouse a tenant where there are no suitable properties available. The House of Lords tried to amend the bill to cancel the bedroom tax where no suitable properties were available. But the government pushed the bill through regardless, using a mechanism usually reserved for finance bills, called Financial Privilege, which effectively silenced any opposition as the amendments could not be voted on in the House of Commons.

pmlindyloo

If the person regularly has someone who stays overnight to care for them then an extra bedroom is allowed and no reduction of HB takes place.

Usually the person would be in receipt of the middle or higher care rate of DLA or in receipt of AA.

If your friend does have overnight care then it would be worth talking to the housing department about this.

mojos.revenge

pmlindyloo wrote: »

If the person regularly has someone who stays overnight to care for them then an extra bedroom is allowed and no reduction of HB takes place.

Usually the person would be in receipt of the middle or higher care rate of DLA or in receipt of AA.

If your friend does have overnight care then it would be worth talking to the housing department about this.

They do have a carer, but it is their partner, they have looked into all the options and appear to have reached a dead end.
They are more than happy to move, but the HA say they can't find them anywhere, so it seems unreasonable to expect them to pay, when they don't want the property anyway.
Maybe the HA will agree to drop the rent as they are not providing a suitable property. :rotfl:
The lady has said that she will have to find over £50 a month, which she doesn't have, so what can she do.

princessdon

Have they looked at private rental and over 55 schemes (if of age obviously)

mojos.revenge

princessdon wrote: »

Have they looked at private rental and over 55 schemes (if of age obviously)

Sadly, they don't meet the criteria for that, as they are both under 55.

LittleMax

mojos.revenge wrote: »

Maybe the HA will agree to drop the rent as they are not providing a suitable property. :rotfl:
The lady has said that she will have to find over £50 a month, which she doesn't have, so what can she do.

It isn't the housing association that is to blame here - it is the government who have changed the rules on housing benefit without considering the consequences.

Their options are to find a mutual exchange, take in a lodger or move in to private rented.

How old are they - once they reach pensionable age the under occupancy will not apply, so how long they have to find this money for could be a factor to consider in what action to take.

meerustar

They have to find the money. They could starve I suppose, the tories would like that.

cockaleekee

meerustar wrote: »

They have to find the money. They could starve I suppose, the tories would like that.

A couple living on (the wide range of) disability benefits will never starve!

LittleMax

cockaleekee wrote: »

A couple living on (the wide range of) disability benefits will never starve!

But the additional disability benefits are supposed to help with the extra requirements due to the disability - not to pay for rent or food or other basic requirements.