We have a client who has been allocated a LHA based on one bedroom (they are a couple, no kids). They think they should have an LHA based on two bedrooms, because he requires frequent dialysis, and this is problematic for his partners sleep. We know you can't appeal the amounts allocated under each size criteria, but can you appeal what is an appropriate size criteria?

The usual sources are quiet on this issue. We are pessimistic, but what do you think? The client has entered an appeal to tribunal, and is going down the DHP route anyway.

Thanks

Steve

steve, the regs allow for no flexibility or exception, not even for severe disability. The Work and Pensions Select Committee is inquiring into various issues, and it might be useful to involve your client's MP on this. you'll find helpful background if you google SN/SP 4887 - Housing Benefit: Size criteria and discretionary housing payments - this is a HoC library explanatory note issued in January, and supplements the main note in SN/NP 4957 - sorry can't send link to these PDFs. incidentally, the DWP _didn't_ carry out an equality impact assessment - it carried out a regulatory impact assessment for the Welfare Reform Act 2007, and it is correct that the EHRC has been involved with that issue.

i posted last September about a successful appeal to the first tier tribunal on human rights grounds, on behalf of a severely disabled client who needed an additional bedroom to accomodate overnight carers. in that case, the tribunal accepted that the regs discriminated against 'severely disabled persons in need of continuous care and supervision', engaging articles 14, 8 and Art 1 of protocol 1, and disapplied the offending reg, directing the LA to determine her maximum HB at the 2 bedroom rate.

The LA has appealed to the UT, and we are awaiting a decision on whether leave is granted. it's dragging on, unfortunately, and the tribunal admin service has just now given us a scare that the application has been vapourized in a black hole...
i've also heard that there is an appeal to the UT from a Birmingham tribunal decision on this from a claimant...

i've heard of a few up and coming appeals...

in the meantime, i can only see HR grounds as a possible remedy to this problem, and this will be very variable on a case by case basis. you're welcome to contact me if you want any info about the walsall case. good luck! : )

Thu 15-Apr-10 09:02 AM by shawn

(edited to shorten link)

ps the select committees report was published on 30/3/10

Many thanks for such a comprehensive and speedy response!

Steve

you're welcome. : )

have just found out that LA's appeal was sent to UT's old address, not sure what happened next, but it got lost somehow, and LA have now re-submitted application for leave to appeal...<mutter>