Bedroom tax and our disabled child

Quinn23

Hello everyone

I find myself here for some expert advice.

It is to do with the bedroom tax and my disabled son. I have read online in a few places that he should be given his own bedroom or be exempt from the bedroom tax based on his difficulties and the fact that if he had to share with his sister this would cause his behavior to be bad and would keep her awake at night. He has cerebral palsy and many learning difficulties. For him to sleep at night we have to have him in a strict routine just for him.

So when this bedroom tax came in and since the legal challenges we have been in touch with our local council about this. All they seem to do is make us fill out the discretionary housing payment form. Is this wrong? We are not asking for discretionary payments. We are asking that the benefit reduction on our housing benefit is removed.

By filling out the discretionary housing payment they are asking for all our incoming and outgoing monies. How much we spend on what each month, down to the smallest detail. If the government have said my son should not be included in the bedroom tax then why do they want all our incoming and outgoing monies? For example if on our outgoing we had something like a mobile phone contract or sky tv could they turn us down and say get rid of that and you can afford it?

Some links...

w w w.dwp.gov.uk/docs/u2-2013.pdf

w w w.cafamily.org.uk/news-and-media/important-advice-for-families-on-bedroom-tax

w w w.mirror.co.uk/news/uk-news/bedroom-tax-severely-disabled-children-1757199

Surely our housing benefit office should require proof of our sons disability to remove his benefit cut and not need to know our finances? It isn't a hardship payment we want.

Am I wrong in how I am seeing this, what steps should I make?

Thank you for any help.

Housing_Benefit_Officer

If your son's medical condition/disability means that he disturbs the sleep of your daughter and requires some help and assistance during the night then he should be allowed an additional bedroom.

It is for each Local Authority to decide.

The Government did a u-turn in March regarding this.

http://www.dwp.gov.uk/docs/u2-2013.pdf

7 When a claimant says that their children are unable to share a bedroom, it
will be for LAs to satisfy themselves that this is the case, for example, a
claim is likely to be supported by medical evidence and many children are
likely to be in receipt of Disability Living Allowance (DLA) for their medical
condition. In addition LAs must consider not only the nature and severity
of the disability, but also the nature and frequency of care required during
the night, and the extent and regularity of the disturbance to the sleep of
the child who would normally be required to share the bedroom. In all
cases this will come down to a matter of judgement on facts of each
individual case.

Quinn23

This is exactly what I thought.

However each time we get in touch with our housing benefit office they just send us the discretionary housing payment form which if I am mistaken is a different thing all together?

jacques_chirac

Have you provided evidence of the need for him to have his own room - DLA entitlement, letter from GP etc?

You say you do not want a hardship payment - how else would you describe housing benefit?

Housing_Benefit_Officer

jacques_chirac wrote: »

Have you provided evidence of the need for him to have his own room - DLA entitlement, letter from GP etc?

You say you do not want a hardship payment - how else would you describe housing benefit?

Discretionary Housing Payment is separate from Housing Benefit.

If a disabled child meets the criteria for an additional bedroom then there is no 14% reduction in Housing Benefit and no need to apply for DHP.

jacques_chirac

Housing_Benefit_Officer wrote: »

Discretionary Housing Payment is separate from Housing Benefit.

If a disabled child meets the criteria for an additional bedroom then there is no 14% reduction in Housing Benefit and no need to apply for DHP.

I am well aware of that, and did not suggest otherwise. They still need to provide evidence of his need for the additional room.

Housing_Benefit_Officer

Quinn23 wrote: »

This is exactly what I thought.

However each time we get in touch with our housing benefit office they just send us the discretionary housing payment form which if I am mistaken is a different thing all together?

Phone them and say in accordance with the Court of Appeal judgement: Burnip, Trengove and Gorry - and the Housing Benefit and Council Tax Benefit Urgent Bulletin No: HB/CTB U2/2013 issued on 12 March 2013, paragraph 7 states:-

When a claimant says that their children are unable to share a bedroom, it will be for LAs to satisfy themselves that this is the case, for example, a claim is likely to be supported by medical evidence and many children are likely to be in receipt of Disability Living Allowance (DLA) for their medical condition. In addition LAs must consider not only the nature and severity of the disability, but also the nature and frequency of care required during the night, and the extent and regularity of the disturbance to the sleep of
the child who would normally be required to share the bedroom. In all cases this will come down to a matter of judgement on facts of each individual case.

Ask them what evidence you need to provide to allow an additional bedroom.

If the person who you speak to doesn't know what you are talking about ask to speak to a Manager.

Quinn23

Thank you for the advice,

we can easily provide medical proof, that is not a problem. It was just confusing as the two times we have been in touch with them about this they just send us the discretionary housing payment form.

I always thought this was wrong as that is a different thing to what we require.

So can I clarify the discretionary housing payment form is not the correct procedure by the housing benefit office in this case?

Housing_Benefit_Officer

Quinn23 wrote: »

Thank you for the advice,

we can easily provide medical proof, that is not a problem. It was just confusing as the two times we have been in touch with them about this they just send us the discretionary housing payment form.

I always thought this was wrong as that is a different thing to what we require.

So can I clarify the discretionary housing payment form is not the correct procedure by the housing benefit office in this case?

Only if they reject your claim for an additional bedroom.

Housing Benefit Officers are not medical experts and they have to make an informed decision based on the evidence in front of them. If you have any medical reports etc that state his sleep is often disturbed and he needs care during the night then that will help making a decision.

nannytone_2

jacques_chirac wrote: »

Have you provided evidence of the need for him to have his own room - DLA entitlement, letter from GP etc?

You say you do not want a hardship payment - how else would you describe housing benefit?

discretionary housing payments are awarded for a short period and are a temporary arrangement.
why should she continuously re apply and have to send proof, when she belongs to one of the groups that is exempt from the reduction in housing benefit, and should have automatic entitlement?

pmlindyloo

Does the recent High Court ruling not make any difference to this?

http://www.insidehousing.co.uk/legal/housing-groups-slam-bedroom-tax-ruling/6527950.article

From reading this it appears that the High Court ruled that the government needs to bring in a law to enforce their guidance about disabled children.

I may be wrong but it seems that council have not taken up this previous 'guidance' issued, hence the court case.

If the OP's council is saying that she needs to apply for a Discretionary Housing Payment then it would appear that they are one of the councils who are not following the guidance.

Must confess I am a little confused by it all as I thought, as Housing officer has stated, that councils should consider not reducing the HB when certain medical evidence can be provided.