universal credit and rent claw back.

brambram · 9 June 2012 at 12:38PM

hi
does anyone know if the rent claw back for under occupancy will apply to a familly with a disabled child that needs a room of his own. Any help thanks. what they are saying is two children of the same sex can share a room so the familly is under occupying the property.

allen35 · 10 June 2012 at 11:53PM

Are you talking about a private rented property or the changes to Housing Benefit for next year for people living in Local Authority/Housing Assoc' properties?

Unfortunately there doesn't seem to be guidance on disabled children but you could point out to your Local Council that you have different circumstances than other families and point out why you need the extra room.

Maybe a letter from your GP explaining the difficulties and reasons why your other child needs their own room may help.

It does depend on ages too, check out the calculator https://lha-direct.voa.gov.uk/BedRoomCalculator.aspx
and if you don't receive full payable rent there is the Discretionary Housing Payment/Fund which can top up your hosing benefit/LHA.

Check out this link for eligibility and do apply:

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

brambram · 11 June 2012 at 1:31AM

Hi thanks for the reply I hadn't seen the 48 hours thing before posting, we have been worried about this for some time now. When we heard the new rules about same sex siblings sharing, its just impractical to down size with a severely autistic child that is up all night, husband working. He disrupts his older brothers sleep. Its council housing and there is a reduction in housing benefit for under occupancy and I dont know if they will take in to consideration disabilities.

allen35 · 11 June 2012 at 2:26AM

If it's council property you will be receiving your full entitlement and the new rules aren't planned until April 2013, i would hope every case is taken on its merit and your circumstances are different, for example if you can prove you need 3 rooms, one for your other son, one for a carer such as yourself to sleep in the room with your disabled son to help him relax at bed time and a room for your partner i don't see any reason why these circumstances wouldn't warrant 3 bedrooms but as i say you have until next April.

I am not the CAB adviser and only a member of the forum, i was unaware of the working of this page.

I should imagine a CAB adviser will update tomorrow and give you advice.

There are other benefit forums on this site which are usually answered right away but they may be other peoples thoughts on your situation.

When it does happen do apply for discretionary housing payments if they don't take into consideration your current circumstances.

I wish you well.

ezachick · 12 June 2012 at 11:45AM

The following probably wont answer your specific question,but thought it might be of intrest to you

"court of appeal ruled that the size criteria for housing benefit discriminate against disabled people.
CoA said the rules were discrimantory because, they do not all for an additional room to be paid for,where a carer is needed,or two children cannot share a room becasue of disability."

I am a new user and am unable to post the link for where i got this information from, if you copy and paste the first sentence into a search engine, then you should be able to find the article..............

CAB_Wyre_Forest_representative · 12 June 2012 at 5:38PM

Hello there are a number of issues that you raise and I will try and take them in order.

Some of the changes to Housing Benefit have already taken place and others are due to take place in 2013.

One of the main changes that will affect you is the £500 per week benefit cap. This will mainly affect families with more than three children and those paying rents. This link explains this a more fully

http://england.shelter.org.uk/get_advice/paying_for_a_home/housing_benefit_and_local_housing_allowance/changes_to_local_housing_allowance#3

The Second area is the suitability of the accommodation which will include the number of bedrooms. This is irrespective of the size of rooms and simply the number. Any allowance that you get will be based on the suitability for your family size and I can find no discretion for disabled people unless there are specific aids and adaptations which are needed or have already been installed.

As other posters have said you will need to argue your case. it may be worth talking to your local council/ housing association about this issue as if you cannot afford to stay in your home you are potentially homeless.

universal credit and rent claw back.

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