Successful Bedroom tax mandatory review

neece56

Having submitted an MR in March to DWP (Universal Credit), my partner and I (both disabled) have been successful and will not have to pay bedroom tax for our 2nd bedroom. We moved into the property (specific to our needs) 4 years ago, both disabled, both claiming PIP, both needing our own bedroom.
Could someone advise me if the decision (and hopefully a refund) should commence from March or from when we moved into the property as it was clear on the Housing Association forms that we were both disabled and both in receipt of PIP. We were never mad aware by anyone at that time that we could challenge the bedroom tax. (Our ignorance I suppose)! 
Thanks for reading and any advice given prior to me writing again to DWP will be much appreciated.

Alice_Holt

Did UC have sight of the HA forms detailing your PIP awards (and that you could not share a bedroom because of your health conditions - hence the allocation of a 2 bed property)  as part of your tenancy details (for payment of the housing element) when you first moved into the property ?

Did you disclose on your UC journal (prior to March) that you were both in receipt of PIP, and could not share a bedroom because of your health conditions ?

neece56

Thanks for replying. The big issue here is that until March when I submitted the MR we didn’t know that we could be exempt of bedroom tax or could submit an MR. . The Housing Association did know that we were both in receipt of PIP at the time of signing for the property.  I have no doubt in my mind that  I told the housing officer that we had our own bedrooms, even when she came to visit. But, I have not documented anywhere prior to March that we needed our own bedrooms. We have always had our own bedrooms for the last 11 years. 

Alice_Holt

I think it likely depends on when UC knew that you were both in receipt of PIP, and could not share a bedroom because of your health conditions.  If they had that information with the tenancy agreement, but made an incorrect decision to reduce your housing element (by the bedroom tax) - then that decision should now be corrected (and the bedroom tax refunded from that date).

However, if UC have only recently been given that information, then a backdated refund is less likely.


What led you to challenge the bedroom tax reduction ?  Did an advice charity help you with the MR?  

Does the MR notice from UC indicate that the decision has been changed from any particular date?

neece56

When I initially found out that I could possibly complete an MR, I phoned CAB. They told me who to make initial contact with and I took it from there. The MR notice says “The decision maker has considered the evidence you have provided and has decided that you are entitled to additional housing costs in respect of an additional bedroom”. No dates were mentioned. 

Alice_Holt

neece56 said:

When I initially found out that I could possibly complete an MR, I phoned CAB. They told me who to make initial contact with and I took it from there. The MR notice says “The decision maker has considered the evidence you have provided and has decided that you are entitled to additional housing costs in respect of an additional bedroom”. No dates were mentioned. 

      Perhaps go back to Citizens Advice.

      I would take that wording to suggest that the additional hosing costs are payable from the date of the MR, (especially as no dates are mentioned).

neece56

Thank you very much for your interest and advice.