Charge For Extra Bedroom UC

ANDY1964

Hi

Can anyone help me.

I have for the past two years paid £77 a month out of any award for UC on the grounds that the property has one extra bedroom.

However this is not the case as UC have not included the carer that I need overnight who has to use one of the bedrooms which and evidently would be the extra bedroom UC are claiming to be unoccupied.

I have a three bedroom property and my son lives with me.

Any advise would be really appreciated.

Thanks Andy

Jyana

Did you challenge the decision when you were first told about the charge being put in place, if so, what was the reason they turned you down? If not, that's where you need to start. 

NedS

To qualify for the extra bedroom, you have to be in receipt of the care component (daily living) of PIP - is that the case?

If so, ask your case manager to raise a ToDo for you to complete to declare the reasons you need an extra bedroom, and complete it citing the date you first required overnight care (this cannot be before the date you were awarded PIP daily living). Complete the ToDo and then request it is considered for backdating giving your reasons why you did not declare this at the time.

ANDY1964

Hi and thanks for your reply.
I have been on PIP for a number of years but UC have always claimed that extra bedroom as being charged from my UC award.
However this was not the case before I transfered onto UC.
The Council accepted and did not charge for the extra bedroom because of my needs.
For the record I am on the highest rate PIP for both daily living and for mobility. 
Could it be the case that whilst in receipt of UC the charges imposed on that extra bedroom were incorrect?
Kindly advise.
Thanks Andy

Jyana

As above, Ned has already explained the action required in order to see if they will accept your situation to stop charging you the extra for the spare bedroom, including any backdating to the start of your UC claim.

ANDY1964

Jyana said:

As above, Ned has already explained the action required in order to see if they will accept your situation to stop charging you the extra for the spare bedroom, including any backdating to the start of your UC claim.

I have now followed the kind advice  already giving.
I have been on UC for about three years.
If owed how much or for how long  would UC be liable to pay back?
Regards and thanks Andy

poppy12345

ANDY1964 said:

Jyana said:

As above, Ned has already explained the action required in order to see if they will accept your situation to stop charging you the extra for the spare bedroom, including any backdating to the start of your UC claim.

If owed how much or for how long  would UC be liable to pay back?

That's already been answered here. 

NedS said:

citing the date you first required overnight care (this cannot be before the date you were awarded PIP daily living). 

ANDY1964

poppy12345 said:

ANDY1964 said:

Jyana said:

As above, Ned has already explained the action required in order to see if they will accept your situation to stop charging you the extra for the spare bedroom, including any backdating to the start of your UC claim.

If owed how much or for how long  would UC be liable to pay back?

That's already been answered here. 

NedS said:

citing the date you first required overnight care (this cannot be before the date you were awarded PIP daily living). 

UC have informed me that a decision on the bedroom tax will be from a new claim I had to make because of a change of circumstances made December 2023.
They have not mentioned that previous claim for 3 years that might also be subject to an over payment of bedroom tax.?

NedS

ANDY1964 said:

poppy12345 said:

ANDY1964 said:

Jyana said:

As above, Ned has already explained the action required in order to see if they will accept your situation to stop charging you the extra for the spare bedroom, including any backdating to the start of your UC claim.

If owed how much or for how long  would UC be liable to pay back?

That's already been answered here. 

NedS said:

citing the date you first required overnight care (this cannot be before the date you were awarded PIP daily living). 

UC have informed me that a decision on the bedroom tax will be from a new claim I had to make because of a change of circumstances made December 2023.
They have not mentioned that previous claim for 3 years that might also be subject to an over payment of bedroom tax.?

Any backdating for late reporting of a change can only go back to the start of the current claim.

ANDY1964

NedS said:

ANDY1964 said:

poppy12345 said:

ANDY1964 said:

Jyana said:

As above, Ned has already explained the action required in order to see if they will accept your situation to stop charging you the extra for the spare bedroom, including any backdating to the start of your UC claim.

If owed how much or for how long  would UC be liable to pay back?

That's already been answered here. 

NedS said:

citing the date you first required overnight care (this cannot be before the date you were awarded PIP daily living). 

UC have informed me that a decision on the bedroom tax will be from a new claim I had to make because of a change of circumstances made December 2023.
They have not mentioned that previous claim for 3 years that might also be subject to an over payment of bedroom tax.?

Any backdating for late reporting of a change can only go back to the start of the current claim.

UC were made aware of the need for the extra bedroom when UC changed ESA a few years back.

ANDY1964

Hi and just an update.
UC have informed me that as long as I need a carer they will not be imposing the bedroom tax via any award for UC.
They are saying previous payments taking for the bedroom tax is now with a decision maker.
I have politely asked them to consider all payments that have been made since being in receipt of UC for 32 months.
I notified them of the need of a carer but this was clearly ignored by UC until now, that is.
What rights if any have I got to ask for bedroom tax and on 33 different occasions as to be refunded.
Thanks Andy