Separate Bedrooms

OK - Bit of an issue - Not sure if I am missing something ....
Client and Partner are in 2 bed property - Client is a poor sleeper and is up and down all night, partner is his carer.
Reported that need additional bedroom due to disabilities. Client in receipt of ERDL
Explained that restlessness is disturbing partner.
Has been refused.
This seems to be a regular decision for clients ....
Have I missed something?

Cannot see that you are missing anything

HB Reg 2(1) defines member of a couple who cannot share a bedroom” as a member of a couple—
(a)who is in receipt of—

(i)attendance allowance at the higher rate in accordance with section 65(3) of the Act;

(ii)the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;

(iia)[the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;]

(iv)the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; ..

(iiia) the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or]

(vi)armed forces independence payment; and

(b)whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple;]

Your client meets the criteria and the only other quetion is whether they can reasonably share the bedroom with the partner

I dont know of any Upper Tribunal decisions on that issue.  Its hardly surprising since its more an issue of fact than law.

For completeness, if it’s UC then you’re after para. 12 (6A) of Sch. 4 which says the same stuff.

Also - though this may be telling you how to suck eggs - the poor sleep and ‘being up and down all night’ would need to be directly related to/a symptom of the disability - i.e. suppose what I’m saying is that poor sleep and continually being ‘up and down’ may not by itself constitute a disability, so you would need to show the link…..