Is it grounds to appeal the bedroom tax if a couple cannot share a bed twice a week? 

Hello

I have a client who cannot share the bed with her partner about twice a week because of her disability.

Is this grounds to appeal the bedroom tax?

Well I’d say it’s certainly grounds, which is not to say you’d necessarily win.

Here’s a link to the nearly legal list of bedroom tax tribunal decisions - as you will see there have been some successes where couple unable to share a room due to disability -

http://nearlylegal.co.uk/blog/bedroom-tax-ftt-decisions/

In relation to the 2 day aspect, i think you could argue that it means that the extra room is needed all the time - as Judge Rowland said in recent case on carer needing room - ‘a bedroom cannot be switched on and off’-

http://www.rightsnet.org.uk/briefcase/summary/meaning-of-regularly-in-the-context-of-requiring-overnight-care-for-bedroom

A lot of bedroom tax case law seems to hinge on whether the claimant is getting a DHP - might have more chance of success of arguing that claimant suffering discrimination if not…