HB/CTB for extra bedroom an not usually allowed

luminated

We have to move later this year & already I am worrying as we qualify (as a retired couple) for a 1 bedroomed home. I get DLA HRM & MRC & have supplied (by an OT) a lot of home equipment like 2 perching stools (kitchen & bathroom), walking frame, toilet frame, wheelchair with power pack as well as many other smaller odds & ends. Also I have a spare wheelchair & want to get an electric scooter when we move.


Other pressures, in the home, for space is created by the deliveries of my Tena Pads (several large boxes periodically), my need to keep other medical equipment in the home (as requested by the District Nurses) & my wife has to keep medical supplies at home which are delivered every 8 weeks because of her health needs.


We need accommodation on one level, as stairs have become very difficult & dangerous for me to use & flats seem to be ruled out as there would be nowhere to store the wheelchairs & scooter. So it looks as if we are forced to look at bungalows & we have yet to find a one bedroom (would be a real squash) so it is looking like we need a two bedroom.


Is there any way I could ask for (& get) the 2 bedroomed rate based on my needs?

Confuseddot

I am assuming you are looking at private rentals not social ?

You could try finding a 2 bed for the 1 bed rate but that may not be possible depending on your area.

You could gather information from your various health professionals and send it off to the council to see what they say.

DomRavioli

Simply put, no. If you are going through social housing you are a one bed need unless there is clear medical evidence and professionals to back it up that you NEED 2 bedrooms.

In my experience working in social housing, there are older style bungalows which are larger, but bungalows are hard to come by. I'd probably advise a flat (level access, and usually a good supply of them) until you are able to get a bungalow. Flat also usually have better storage than a bungalow in my area (although this will be different from area to area).

Why not call them, explain your needs, and see what they advise you? It will usually depend on them as to what you get, and if you need storage space for items, they can take this into consideration with your application.

cattermole

luminated wrote: »

We have to move later this year & already I am worrying as we qualify (as a retired couple) for a 1 bedroomed home. I get DLA HRM & MRC & have supplied (by an OT) a lot of home equipment like 2 perching stools (kitchen & bathroom), walking frame, toilet frame, wheelchair with power pack as well as many other smaller odds & ends. Also I have a spare wheelchair & want to get an electric scooter when we move.


Other pressures, in the home, for space is created by the deliveries of my Tena Pads (several large boxes periodically), my need to keep other medical equipment in the home (as requested by the District Nurses) & my wife has to keep medical supplies at home which are delivered every 8 weeks because of her health needs.


We need accommodation on one level, as stairs have become very difficult & dangerous for me to use & flats seem to be ruled out as there would be nowhere to store the wheelchairs & scooter. So it looks as if we are forced to look at bungalows & we have yet to find a one bedroom (would be a real squash) so it is looking like we need a two bedroom.


Is there any way I could ask for (& get) the 2 bedroomed rate based on my needs?

At the moment under the current regulations no.

But I think this is highly to change in the near future. I also think an appeal on Hra and Disability Discrimination grounds is likely to succeed and the judge will dis apply the regulation as we are seeing examples of this happening. Although it does not automatically follow given the current limbo that the Council would pay the extra room Housing Benefit/LHA after a successful appeal until the regulations get changed, which I believe they will be.

luminated

Confuseddot wrote: »

I am assuming you are looking at private rentals not social ?

You could try finding a 2 bed for the 1 bed rate but that may not be possible depending on your area.

You could gather information from your various health professionals and send it off to the council to see what they say.

Yes private rentals.

cattermole

I think the best thing you can do is to find the best property you can to meet your needs, look at the LHA rates for your area and do the calculations.

There is likely to be a shortfall even if you were to get the two bedroomed rate in the future because the rates are set quite low. So for the time being work on the worst financial scenario. You can also apply for a Discretionary Housing Payment top up.

It's a difficult situation I know and it's all a bit in limbo at the moment.

http://www.theguardian.com/society/2013/sep/26/bedroom-tax-westminster-council-defeat

The legal argument for LHA applies equally as it does in the case above but on the grounds that you need the extra room in the first place. Therefore the regulations should allow for disability and whilst they do in some specific examples , other are not covered like your situation.

BigAunty

Have you considered applying for social housing? You might be lucky enough to get a disability friendly property.

If you are granted a second unoccupied room, perhaps the bedroom tax/spare room subsidy for it will be quite modest compared to the top up you'd have to pay in the private sector (difference between HB and rent), or perhaps they will drop the policy of reducing HB for unoccupied properties in the social sector in future.

AFAIK, in the private sector, the LHA rate for a second bedroom is only for those with disabilities that have a non-resident overnight carer that visit and that is the only factor to trigger it, I believe.

Look into discretionary housing payment but don't count on it.

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/local_housing_allowance#rooms_allowed_when_calculating_local_housing_allowance_%28lha%29

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_local_housing_allowance/discretionary_housing_payments

Indie_Kid

You may get a council tax reduction if you move into an adapted house.

cattermole

BigAunty wrote: »

Have you considered applying for social housing? You might be lucky enough to get a disability friendly property.

If you are granted a second unoccupied room, perhaps the bedroom tax/spare room subsidy for it will be quite modest compared to the top up you'd have to pay in the private sector (difference between HB and rent), or perhaps they will drop the policy of reducing HB for unoccupied properties in the social sector in future.

AFAIK, in the private sector, the LHA rate for a second bedroom is only for those with disabilities that have a non-resident overnight carer that visit and that is the only factor to trigger it, I believe.

Look into discretionary housing payment but don't count on it.

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/local_housing_allowance#rooms_allowed_when_calculating_local_housing_allowance_%28lha%29

http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/changes_to_local_housing_allowance/discretionary_housing_payments

At present yes but there are grounds to appeal as I have outlined. If a regulation can be shown to be unlawful towards a disabled person then it will be dis applied.

As you know our system works on case law and common law and this is how any judge even at first stage will view the appeal.

The regulation was dis applied at first stage appeal in 2009 before the regulation for overnight carers was bought in June 2010.

Trying to get SH is an option and yes the OP may get lucky.

cattermole

I meant to put in my previous post that NO it isn't the only current factor to trigger it two disabled children unable to share are also entitled to an extra bedroom regardless of sex or age.

whodathunkit

Wouldn't it be possible to look for a 1 bed property with a garage for storage?