The claimant falls frequently, cannot live alone and receives direct payments from the LA. She uses this money towards paying a permanant live in carer. LA only pay part of cost as claimant's pension is above limit and claimant only assessed as needing part-time care. Claimant receives Attendance Allowance. Tenancy started in 2007 and rent has been restricted to level of one bedroom flat.
Is this correct or should HB assess as 2 bed flat?
If so, is carer's income ignored?
Is there anyway the extra rent for the second bedroom could be treated as a "disability related cost" and how could this be claimed?

If the claimant's home is actually the carer's home then, yes, that makes the carer an occupier and the 2-bed rate is applicable in my view.

This wouldn't necessarily be the case for carers generally, such as where a selection of carers sleep over but the dwelling is not their normal home.

Thank you for yout helpful reply. Just wondering if there might be any other problems but should HB ignore the carer's income as this is paid by the claimant and the carer lives rent free?

I am right in thinking that even though she receives attendance allowance, she is not entitled to the severe disability premium because of the live-in carer? (She pays the carer but also receives direct payments from the council towards the cost)

Is there anyway the extra rent for the second bedroom could be treated as a "disability related cost" and how could this be claimed?

No SDP from 12 weeks after the carer moved in, since the carer counts as a non-dependant - but is disregarded for the first 12 weeks.

Carer's income has no effect on claimant's Housing Benefit - would normally be a non-dependant deduction but won't be here because claimant receives Attendance Allowance.

As noted above, if this is now the carer's normal home, rent should be assessed for a two bedroomed property.

I think 'disability related costs' refers to the local authority's Fairer Charging financial assessment for the direct payments. Extra accommodation costs could certainly be relevant to this. Once HB is maximised, apply to whichever Social Services Department is responsible for this.

Richard Atkinson