Hello, I was hoping someone could steer me towards some definitive legislation around a problem I am dealing with.

An older gentleman on Attendance Allowance has just got a flat with his carer (officially gets Carers Allowance). They have got a joint tenancy and have a room each. They have been given the 1 room rate with shared facilities which has caused a massive shortfall in the amount of LHA they get compared to the rent.

I am sure that as he is his carer and actually lives there permanantly they should get the 2 room rate. CPAG seems to mention it obliquely but I can't find any specific regs. Hopefully I just can't see the wood for the trees!

Thanks for any input on this.

Thu 12-Nov-09 01:38 PM by jmembery

Difficult to be 100% certain from the information given, but normally if they are joint tenants then they would normally claim seperatly and each claim would be assessed as needing the 1 room rate. (Or possibly the 1 bedroom with shared facilities rate)

There might be circumstances where they are classed as members of the same houshold (therefore 1 claim at a 2 bedroomed rate) but this would not be usual.

I think this is the crux of the problem.
They are not family members, just old friends who now live in the same flat because of the care needs one of them requires. Does that mean they are members of the same household?

As they are joint tenants, and therefore both have rental liabilities, they would almost certainly not be members of the same household.

Normally, where carers are involved, the claimant would have 100% of the rental liability and the carer would then live with them as part of their houshold. In these cases, where the carer does not have a normal home elsewhere, then a 2 bedroomed rate would apply.

Thanks for your help with this. It would appear that they made a claim as joint tenants hence tthe one room rate for each. It all seems a bit vague to me, but could the guy on AA have an entitlement to 2 room rate then as he has a live-in carer (that seems to be what p. 257 of CPAG is saying). If so, what would be the likliehood of them getting the tenancy changed and the LA agreeing to then pay 2 room rate?

Two possible problems of tinkering with reality.

If the arrangements are changed for the purposes of getting (more) HB, there is a risk (no more, no less) of the LA deciding the liability has been created to take advantage of the HB scheme.

Secondly, if the Carer is a non-dep and not a joint tenant, the "main" tenant would lose the Severe Disability Premium (if currently paid).