Bedroom tax and our disabled child

Housing_Benefit_Officer

pmlindyloo wrote: »

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.

That was a different court case regarding disabled adults needing extra rooms for their medical equipment or for when their partners can't sleep in the same room as them.

I am saddened about this ruling as there are claimants who need another room for their equipment and some can't sleep in the same bedroom as their partners due to their disability and medical equipment.

ILW

No such thing as Bedroom Tax.

Housing_Benefit_Officer

ILW wrote: »

No such thing as Bedroom Tax.

Thank you for that valuable contribution pedant of the year.

Nearly every Local Authority calls it the Bedroom Tax. All our leaflets and letters to customers refer to it as the Bedroom Tax. Most Council websites call it the Bedroom Tax.

lukieboy96

ILW wrote: »

No such thing as Bedroom Tax.

Oh shut up. We know that but that is what everyone calls it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

ILW

Housing_Benefit_Officer wrote: »

Thank you for that valuable contribution pedant of the year.

Nearly every Local Authority calls it the Bedroom Tax. All our leaflets and letters to customers refer to it as the Bedroom Tax. Most Council websites call it the Bedroom Tax.

Does not make you correct though. Just inaccurate and misleading.

pmlindyloo

Housing_Benefit_Officer wrote: »

That was a different court case regarding disabled adults needing extra rooms for their medical equipment or for when their partners can't sleep in the same room as them.

I am saddened about this ruling as there are claimants who need another room for their equipment and some can't sleep in the same bedroom as their partners due to their disability and medical equipment.

I thought this too.


However the link says it was brought by 10 families with disabled or vulnerable children.


Perhaps poor reporting.


Why does it mention about a law being brought in about allowing disabled children having their own bedroom?

Pollycat

Housing_Benefit_Officer wrote: »

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.

I think this is a great piece of advice.

OP:
Maybe things are 'getting lost in translation' when you ring the Council up.

Why not write a letter to the Council and include word-for-word what HBO says and see how you get on?

Good luck.

KxMx

If you can't get any joy, can you visit in person with the necessary print-outs etc? Might be easier to make it clear in person you don't mean a DHP.

evenasus

lukieboy96 wrote: »

Oh shut up. We know that but that is what everyone calls it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I don't!

scootw1

Housing_Benefit_Officer wrote: »

Thank you for that valuable contribution pedant of the year.

Nearly every Local Authority calls it the Bedroom Tax. All our leaflets and letters to customers refer to it as the Bedroom Tax. Most Council websites call it the Bedroom Tax.

Then I am afraid the Local Authorities, your leaflets and the council websites are all wrong. Just because they call it that does not mean it is called that. ILW was completely right in what they said even if you don't think it added anything useful to the thread.