Foster carers and Bedroom Tax

Hi,

I have a query about how foster carers are affected by the bedroom tax rules. If claimants are approved foster carers who already have foster children living with them who have been with them for over a year, can they be paid HB for a spare bedroom whilst they are waiting for another foster child to be placed with them?

Many thanks.

Foster carers are allowed one room for fostering whether it is currently occupied by fostered children or not.  Any further help has to be by way of discretionary housing payment.

In the case you refer to they would only be allowed the room already occupied. 

These rules are unhelpful for those fostering more than one child (or 2 siblings able to share) and seem particulalry unhelpful where a number of siblings need to be fostered together.  Only those not affected by the bedroom tax appear to be worthy of fostering more than 1 child!

Tony

I am not sure I agree…

The law allows for a bedroom for each of the following (first relevant category applies) who lives in the home:
a) two children (same sex) under 16
b) two children under 10
c) a child

Foster carers are allowed an “additional” bedroom (CPAG p447)...

So assume claimant has 3 foster children aged 8, 9 (share a room) and 10 (has own room).
Now the ten year old leaves (returns to his parents) and the claimant is awaiting a new child to be placed with them, my reading is that the claimant should not be hit by bedroom tax as they now have an “additional” bedroom - waiting to be filled by a new foster child.

Foster carers are allowed a single room for a foster child/foster children

If they are waiting for a child/children to be placed, even if they never previously had foster children, they are allowed 1 extra room, for up to 52 weeks.

https://www.gov.uk/government/publications/hb-circular-a102013-size-criteria-for-approved-foster-carers-and-parents-of-armed-forces-personnel

The law allows for a bedroom for each of the following (first relevant category applies) who lives in the home:
a) two children (same sex) under 16
b) two children under 10
c) a child

Foster carers are allowed an “additional” bedroom (CPAG p447)...

So assume claimant has 3 foster children aged 8, 9 (share a room) and 10 (has own room).
Now the ten year old leaves (returns to his parents) and the claimant is awaiting a new child to be placed with them, my reading is that the claimant should not be hit by bedroom tax as they now have an “additional” bedroom - waiting to be filled by a new foster child.[/quote]

My understanding is:

Fostered children are not treated as occupying the home under Reg 21(3)(a) so are not taken into account when looking at number of bedrooms as Reg 13B(5), which sets the number of bedrooms, only applies to occupiers.

However, Reg B13(6)(b) allows an extra bedroom for anyone classed as a qualifying carer.  Qualifying carer is defined in Reg 2(1) and means foster carers with a fostered child, or one who has had a child placed with them during the previous 12 months.

Therefore, the one extra bedroom goes with the carer and not the child.

I am sorry if there is any confusion - I thought I had put Altered Chaos’ previous post in quotation like others do but I don’t seem to know how to do it!  My remarks are those below the grey line.

Tony

Thank you for your replies. Just to confirm that foster carers are allowed only one bedroom for foster children regardless of the number of foster children they have living with them? I’m still a little confused. Doesn’t take much!!

In discussion of children (shared parenting or fostering) we have been focusing on the “Definition of member of household” Regs.  A foster child is not a member of the household.  However this does not prevent her or him being an occupier, and in terms of the bedroom tax, I would see a foster child who is actually there, having her/his own room because they occupy the accommodation. If there is a room being kept empty whilst waiting for another foster child to be placed, my interpretation would be that they would be allowed an extra room.  Ruth

I think this is still current, A10/2013.

15. For approved foster carers in the social rented sector, a reduction for underoccupation
will not be made in respect of the one additional bedroom for the
foster child or children.

and

21. If the claimant or partner ceases to be an approved foster carer or their approval
is revoked, the additional room will cease to apply to the size criteria.

22. Foster children will continue to be excluded from the HB assessment which
means that a personal allowance is not awarded in respect of them and fostering
allowance will still be fully disregarded as income.

Hello Ruth Knox

How do you get round Reg 21(3)(a) of the HB Regs where fostered children are specifically excluded from ‘occupying the claimant’s dwelling’?

Tony

You are right, Tony. I was reading a pre-2010 version of the HB regulations 21 which just had the bit about “member of household” and not the bit about “occupying”  Having looked back at the guidance and at the regulations it does seem as if, whether you have one foster child or six, you are only entitled to one bedroom. As you said, the room goes with the carer rather than the child. But surely this can’t be right?  Many foster parents have more than one child, and fostering siblings is common.  Surely this issue must have cropped up somewhere in the country by now?  Ruth

Ruth: part of my work is to resource foster care workers here and I haven’t come across a case yet.  It may be that foster carers are getting by with DHPs.  Like you. I’m surprised it isn’t a bigger issue.  It is an issue that would have to be dealt with politically.  However, the Fostering Network lobbied hard to get the one room consession.

F Thomas: to answer your last post - yes, just one room for fostering I’m afraid.

Tony