Bedroom tax despite one bedroom only being enough room for medical equipment

AimeesMum_2

Thank you so much for all the advice. She has to find an extra £18 per week so that's all the carers allowance gone (with the payments for the nurses). I will write a letter asking for an exemption. It is clear to anyone that visits the property that there is really no other option that for them to sleep in separate rooms given the adaptions that have been made.

Her partner is her carer. Sorry I should have made that clearer. They started off as partners 25 years ago but when she got worse they gradually became just friends and that's all they are now though they do claim as a couple.

pipkin71

AimeesMum wrote: »

She had to have a bed specially made which is a large bed as she has to be turned regularly due to her size and bed sores which she gets if she is not rolled or move often. It might be that some rearranging could be done - just seems a shame that her carer can't have someone which isn't so full of clutter to be able to rest in given that he looks after her 24 hours a day with the exception of the nurses who come in 2 times a week for an hour xx I think I will try and appeal...no harm in trying

Aah, sorry. Confusion arose when you said it was a single hospital bed, in the OP.

Can you get over and try to help re-arrange, perhaps utilising downstairs space so that your mother's partner also has a room to himself?

Witch_Hazel

zzzLazyDaisy wrote: »

There is a recent case on the 'bedroom tax' which was going to appeal but the government backed down today. It concerned severely disabled children needing their own room, but was decided on the basis of unlawful disability discrimination, so may have farther reaching consequences and may help you. I don't have a link at the moment, but I'm sure it will be all over the place by tomorrow.

Dx

https://forums.moneysavingexpert.com/discussion/4493421

RAS

Aimeesmum

Has mum actually applied for the discretionary payment and been refused???

ComeTheRevolution

You state that her partner is her carer and then state that he isn't her partner!! Perhaps it's been easier for them not to re-evaluate the relationship but they've probably lost out financially as a result. Now's the time to declare themselves as single people and start claiming separately. This may involve a home visit from benefits.

thegirlintheattic

ComeTheRevolution wrote: »

You state that her partner is her carer and then state that he isn't her partner!! Perhaps it's been easier for them not to re-evaluate the relationship but they've probably lost out financially as a result. Now's the time to declare themselves as single people and start claiming separately. This may involve a home visit from benefits.

They might find the authorities do not believe them.

AimeesMum_2

They are 'partners' in every sense except from the attraction/physical side. They don't kiss, cuddle or have any feelings of boyfriend/girlfriend love but they are best friends and do live as a 'married couple'. It would be very very difficult to prove to DWP that they aren't a couple and it would have to be taken on face value that they are telling the truth.

They haven't applied for discretionary payment as I saw a post on here which said that DP are on for temporary arrangements but this is very much a permenant arrangement.

mysterywoman10

AimeesMum

I'm not sure what will happen about the Council Tax although because they have not applied it across the board then I suspect (but I don't know at this time) whether or not there is grounds for a legal challenge.

Regarding the "tax" benefit cut for the two bedroomed rate we will be hopefully able to offer more advice shortly and the advice is to appeal from solicitor this evening when I bought up this issue for other groups, it may take a little time to work through the system, so appreciate this doesn't help in the short term. But there are also some cases going to the High Court like the Spina bifada couple in the "discussions area" although the thread has gone way off topic.

I believe that in law there is now a precedent so cases like your Mum and her partner hopefully will be resolved. So appeal and in the meantime request a DHP which will more than likely be upheld until the matter is resolved.

All the best. xx

mysterywoman10

I need to make this clear as well so people understand it if they read the full Court of Appeal Judgement which is now set in law.

http://www.bailii.org/ew/cases/EWCA/Civ/2011/629.html

The objection to the DHP is that it is a "temporary" solution and it is a very invasive it was designed in the frist place for "emergency" situations not for long term solutions to meet disability needs.

mysterywoman10

To be frank Aimee I really don't understand why in these cases if the "partner" is the carer and receipt of Carer's allowance it is actually an issue, but anyway all hopeful for cases like your Mum and her friend and life partner. xx