Appealing the Bedroom Tax

panther_87k

Hi all.

I don't venture onto this forum all that often but do apriciate any advice that I am given.

Firstly, I have seen mentioned elsewhere that the size of any "spare" bedrooms could have an effect as to whether they are considered as bedrooms and therefore liable for the "tax", is this true and if so could someone kindly point me in the direction of details of this. thanks.

I live in a 3 bedroom house with my 4 yr old son and my partner. My partner is disabled but does not recieve DLA and is not registered disabled, he had rheumatoid arthritis in most joints. We are currently moving from IS to ESA *hopefully*
I cannot recieve carers allowance or other similar benefits as my partner does not recieve the correct benefits for me to qualify for these.
My partner uses our 3rd bedroom as a living room of sorts, it has a sofabed/tv/pc in it so when he has his bad days and cannot get up and down the stairs he can use this room, it is also right next to the bathroom to make access to the toilet easier.
What do you think are our chances of claiming this is not a bedroom?
We cannot move to a smaller property even if we wanted to as there are none available and we would not be seen as a priority if there was (meaning we'd be put a a waiting list which is at least a year long).
We did not ask for a 3 bed property, we were moved from a 1 bed flat when i was 8 months pregnant but it was listed as a decant move because our flat needed work that could not be done with us living there. We were told it was this house or nothing and as i was heavily pregnant we had no choice. we applied to stay here as we could not go back to the 1 bed flat once we'd had our son and we had not been offered anything else.

Any more details or anything that needs clarifying just ask. I will try to check back tomorrow evening.

Thanks
Kirsty

Growurown

Errata wrote: »

I don't understand, and I don't know where to google. Could you provide links to the 'financial privilege'?

This may help to answer your query.

http://news.bbc.co.uk/democracylive/hi/house_of_lords/newsid_9692000/9692041.stm

mysterywoman10

Transcript for House of Lords amendments

http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/111214-0001.htm
(you need to scroll down and its under Welfare reform bill)
Thanks growurown.

Kirsty sorry to hear of your problems I'll get back to you tomorrow or AB might if they are around before me.

Witch_Hazel

panther_87k wrote: »

We cannot move to a smaller property even if we wanted to as there are none available and we would not be seen as a priority if there was (meaning we'd be put a a waiting list which is at least a year long).
We did not ask for a 3 bed property, we were moved from a 1 bed flat when i was 8 months pregnant but it was listed as a decant move because our flat needed work that could not be done with us living there. We were told it was this house or nothing and as i was heavily pregnant we had no choice. we applied to stay here as we could not go back to the 1 bed flat once we'd had our son and we had not been offered anything else.

Any more details or anything that needs clarifying just ask. I will try to check back tomorrow evening.

Thanks
Kirsty

Have you tried looking for a mutal exchange? Pretty sure there a plenty of families in 2 bed houses looking to swap for a 3 bed house. If you have facebook, try searching any local groups.

Dunroamin

angrybuffalo wrote: »

Please be specific about what you mean by generous package, otherwise I will think you don't know what you are talking about.

the reduction of housing benefits is 14% of rent.

A couple with two children and claiming JSA will receive around £260 per week on top of having their housing costs covered; I consider that a generous package.

The reduction of HB is 14% of the rent but it isn't 10% of a claimant's total income as was suggested. As an example, a family claiming £100 HB will lose £14 per week which, if you assume a low CTB of £40 pw, works out as a loss of around 3.5% of their total income.

mysterywoman10

Witch_Hazel wrote: »

Have you tried looking for a mutal exchange? Pretty sure there a plenty of families in 2 bed houses looking to swap for a 3 bed house. If you have facebook, try searching any local groups.

I think the OP has made it clear why they need the 3rd bedroom at the moment, any move would by the sounds of it need to be to a 2 bungalow not another house because of the problems with going up and down the stairs, when he is having a very bad day.

Kirsty sorry to ask but has he been turned down for DLA care? What about mobility component? You sound to be in a catch 22 situation and it sounds very difficult for you all. I'm giving it more thought.

ab.da54

mysterywoman10 wrote: »

I think the OP has made it clear why they need the 3rd bedroom at the moment, any move would by the sounds of it need to be to a 2 bungalow not another house because of the problems with going up and down the stairs, when he is having a very bad day.

Kirsty sorry to ask but has he been turned down for DLA care? What about mobility component? You sound to be in a catch 22 situation and it sounds very difficult for you all. I'm giving it more thought.

On the one hand, they need the 3rd bedroom, on the other they need a two bed bungalow. What about a flat? What about a TV in the bedroom?

There are choices to be made or housing costs to be made. I really do not like the fact that everyone [it appears, when reading your posts] should be exempt from paying towards their home.

mysterywoman10

ab.da54 whilst I appreciate this has been a debate thread in some respects which I am happy to do in general terms. The above was a specific request for help and advice which is what this forum is for?

And yes I do think they should be exempt and there are various grounds under disability that will apply in Human Rights Law and whether you like it or not I will continue to make people aware of their right of appeal.

I really do find it very strange that people on the benefits board want to deny people their rights or even make them aware of them. Perhaps if it annoys them so much they need to avoid an advice board on benefits?

ab.da54

mysterywoman10 wrote: »

ab.da54 whilst I appreciate this has been a debate thread. The above was a specific request for help and advice which is what this forum is for?

And yes I do think they should be exempt and there are various grounds under disability that will apply in Human Rights Law and whether you like it or not I will cointinue to make people aware of their right of appeal.

I'm not sure why you trot out the first paragraph, when it suits, especially as you, yourself, have been partaking in debate rather than sticking to advice only.

As I don't see any flashing blue forum police lighhts around your user ID, and, as the forum team have chosen not to close down this debate, I will answer as I see fit.

Thank you.

ab.da54

mysterywoman10 wrote: »

I really do find it very strange that people on the benefits board want to deny people their rights or even make them aware of them. Perhaps if it annoys them so much they need to avoid an advice board on benefits?

Benefits advice is not just about agreeing with someone, telling them they should be exempt when you have no idea. Sometimes benefits advice is not always telling people what they want to hear.

I would also say, that this particular thread, and a few others, have not been advice threads but discussion. Are you now saying that you want to limit this discussion only to people who want to hold hands, stamp their feet against this disgusting government, and appeal, appeal, appeal, to clog up the system and stop those who really need the help, from getting it as soon as possible.

Appears that you love the flashing blue lights of your forum police persona when it suits you.

If this forum is for advice only, stop entering discussion. If you feel you have the right to enter discussion, stop trying to close anyone else down and take away their right.