I am a social worker working with a 27 year old young man with
complex physical disabilities who is dependent on a 24/7 care package
(similarly to Tony Bowman's client). He is wanting to live independently
but the local HB office have so far turned down agreeing to HB for the 2 bedroom property he wants to move to.
Any advice/update out there?
Thanks
Robin Wooller
Adult & Community Services
St Edmunds Court
Exeter EX4 1DU
01392 385 690

I am assuming that the extra room is for a carer. I can only see this being allowed for if the carer is actually living there (i.e. there is one carer for whom the property in question is that person's normal home as well as your client's).

Failing that the only other alternative would be to apply for a Discretionary Housing Payment to make up the shortfall in benefit. I don't know all the facts but this situation is the sort of thing that DHP's are designed for.

Thanks. Part of the problem is that he wants to move to Mid Devon where suitable council/social housing is in short supply so he would expect a very long wait; he has opted for a private rent at £600 mont)which will be above the HB payment for a 2 bed place I imagine.
The pretenancy determination came up with £400 month.
I have been warned that the DHP is only considered a short term facility (assessed on the person's income/outgoings) and HB may reconsidered i.e. is not secure.
He has now involved a solicitor to plead his circumstances with HB...I await the outcome of that!
Robin Wooller

Apologies if I'm wrong, but the wording of the original post does leave me wondering if there is not a whole lot more to this.

For example, is this a potential "exempt accommodation" case with a particularly high rent?

The rent is £600 month. The tenancy predetermination was £400 month (based on a single occupant). He is dependent on state benefits.
The LA area has limited appropriate council/housing association housing stock (particularly for a single person)= a long wait. The local council agree that someone who has his level of needs is entitled to a 2 bed accomodation (presumably a council rent would be within a Fair Rent and not an issue for HB payment).
His needs include an overnight carer available as he cannot transfer independently or weight bear. The property he is wanting to move to is a recnt build, is on ground floor level with wide enough wheelchair access through internal doors; it is on a bus route (so he can be accompanied to go and visit his partner).
A solicitor has now been involved to approach the HB office with a view to a possible legal challenge.
Thanks Robin Wooller

CPAG have been looking for a test case on this for years. You may wish to contact them directly.

If he is being charged by the LA for his care, the extra rent for the second bedroom could be treated as a "disability related cost" in the calculation of his charge, thereby reducing the charge.