Hi I posted a similar question to this one sometime ago about whether a single disabled client with the need to have carers sleeping over some nights during the week could argue they should be entitled to the 2 bedroom rate of LHA.

I now have a couple, one of whom is disabled and the other their carer. As a result of the disabled client's disabilities they need to sleep in different rooms and therefore have rented a 2 bedroom house - LHA has been awarded at the 1 bedroom rate as per HB general regs - reg 13D (3)...any pointers on a starting point to challenge the regualtion itself?

CH/4018/2007

I'd be cautious about relying on CH/4018/2007. Based on the legislation referred to, it appears to be pre-LHA (reference is made the the 1987 regulations, so it seems reasonable to conclude it referred to a decision made before 6th March 2006 - i.e. before LHA came into being).

Further, if it was "exempt accommodation", the "room" arguments are potentially irrelevant.

In my view, CH/4018/2007 only has relevance if it was decided under the "Maximum rent" legislation in place immediately prior to LHA.

For LHA, I'd also be looking at whether each individual carer counted as an occupier - that matter doesn't appear to have been fully addressed.