can 2 disabled people who share accommodation both claim the 2 bed rate as both have 24 hour care even if there is only one sleep in room?

Hi  
I have a case where 2 non related adults with severe disabilities will be sharing a 3 bed flat through a private landlord that has been specially adapted to meet their specific needs (en suite wet rooms, level access, ramp to garden, rounded corners in kitchen, lower work tops, toughened glass etc). 

As they are moving out of a residential care home that is being de-commissioned, the local authority liaised with the private landlord to identify a property and advise on suitable adaptations to facilitate the move.  The rent level will need to be higher than usual because of the significant investment the landlord has made to make the property suitable for them and additional housing management costs.

They will be sharing so that the local authority can share the cost of the 24 hour care package between clients making it more cost effective. They will be sharing one sleep in and one waking carer.  As I understand it both clients receive high rate DLA and are eligible to claim 2 bed rate because of the overnight care.

My question is:  Can they both claim the 2 bed rate even though there is only one extra bedroom in the property? 

Ive not come accorss this before but as more people with severe disabilities are moved into the private sector I think it will be a re-occuring issue.  Iminclined to think that they can both claim the 2 bed rate as they individually have a sleep in carer and waking carer the fact that the hours are shared is a social care commissioning issue not a HB entitlement issue?

I would like to hear your comments/ views/ experiences and any advice you can give.

Sandra

the simple answer is yes they can - paragraph 25 of HB/CTB A3/2011 (revised)

“25. Help with the extra room will also be available to those who live in a property that is shared with other tenants who also receive care and there is a bedroom that is used by a non-resident carer. This is most likely to apply when a number of residents share the same property and overnight care is provided to all of them by the same carer or team of carers using just the one bedroom.”

Hope this helps

Shabir

Hi Shabir - thats excellent thank you.