Doctors letter for bedroom tax refused

woodess

I am in the process of filling in a descretionary housing form. We provided a letter from our GP stating that my husband and i need seperate bedrooms due to the fact that hubby has fybro myalgia, osteo arthritis and back problems we cannot sleep in the same room as he often shouts out in the middle of the night in pain, i have severe anxiety and restless leg syndrome so am often in and out of bed through the night, the letter has been rejected due to it not fulfilling the councils criteria, we are also having to pay towards council tax, we are on the reduced amount of esa pending tribunaral which we have been since last year and are finding it extremely difficult to make ends meet. can anybody please advise asap as i have to take the form in today.
my husband also receives a disability war pension for an injury to his back whilst in the army.
thankyou in advance.

Mojisola

woodess wrote: »

my husband also receives a disability war pension for an injury to his back whilst in the army.

I would get in contact with SSAFA. They may not be able to help today but get their advice about your situation.

woodess

Mojisola wrote: »

I would get in contact with SSAFA. They may not be able to help today but get their advice about your situation.

Thankyou we have been in touch with ssafa before for help but if the council doesnt acknowledge this i will have to thanks again x

KxMx

Can you find out the council's criteria for such letters, and ask your GP to re-write to meet those criteria?

woodess

KxMx wrote: »

Can you find out the council's criteria for such letters, and ask your GP to re-write to meet those criteria?

The rules are as 1 bedroom for
every adult couple (married or unmarried)
any other adult aged 16 or over
any 2 children of the same sex under 16
any 2 children under 10
any other child
a carer who does not live with you but provide you or your partner with overnight care.

so therefore they are stating these are the only reasons for seperate bedrooms,:o

mysterywoman10

Really sorry to hear of your problems

The criteria is that they have to enforce the current regulations. So for the initial request to be allocated two bedrooms the letter would not make any difference, so it has been rejected because the LA cannot change the regulations as they currently stand.

It will however make a difference to the DHP which you are filling out the form for and you need to make it clear that your are aware that there is to be a judicial review of couples in your situation and re-submit the letter. I think you should lodge an appeal as well, because you only have 30 days from receiving the benefit award to do this.

The case of the couple going forward in May to the high court on these grounds, it explains about it here it also gives you some background to what is going on and why there is a strong case under Human Rights law in cases like yours.

http://wearespartacus.org.uk/government-fails-to-prevent-bedroom-tax-challenge/#comment-14162

Hope this helps?