“Bedroom tax” - disability

Client lives alone in 2 bed flat (his daughter lived with him when he first went there).  Considerable disabilities (mainly mobility); on DLA (but not HRC).  Does not get (or need) overnight care.  14% HB reduction has been applied.  Some (relatively minor) adaptations have been made - bath replaced by sit down shower; rails in some rooms; existing parking bay designated as disabled.

Client has lived there for 10 years, is reluctant to move & says his condition may deteriorate in the future such that he will need 24 hour care - but at present there is no indication this is imminent - or indeed likely in the foreseeable future.

This is my first “bedroom tax” case.  I can’t see any grounds to argue that the 14% reduction should not apply.  I’d be grateful if anyone with more knowledge could suggest whether there might be a possible course of action (other than DHP).

Unfortunately I have to agree with you.

If there is no overnight care needed and the second bedroom is a bedroom then I think DHP (or lodger/downsize etc) is the only option.

I think it would be worth while appealing, on the basis that it is indirect discrimination against someone with a disability:  he would be affected by a forced move (no adaptations, no local support) in a way that a person without the disability would not.

Is there any possibility of arguing that the second room is needed in relation to his disability - to store equipment etc? Again, worth while taking through as an appeal

There is no reason why he cannot apply for a DHP and appeal at the same time.

And - it’s a bit of a long shot- but would his landlord consider reclassifying the property - from their point of view, it’s extremely expensive to adapt one place, and then have the tenant move and possibly have to adapt somewhere else. Any loss in rent by reclassification would be less. 

Ruth

On the Govan Law Centre website there are some sample appeal letters for use in bedroom tax appeals.