Overnight carer eligibility

Hi

I have a client who is on UC and works part time. She has a 5 bed property and is classed as under occupying by 2 bedrooms. She says she had no option but to move into the property as the LA did not have suitable accommodation and neither did the North West region. The house was specially adapted to meet the daughter’s needs at substantial cost to the LA. Her daughter is on DLA HRM but no care component any longer as she is classed as in Residential Care. However my client states that her daughter is in shared care between her and the local authority and can return home when she wants and stay overnight however she would need a team of carers overnight as she requires 24/7 supervision. She can stop breathing. My client states that she is still entitled and in receipt of child benefit, child element, disabled child element and carer element of UC.

My client has applied on several occasions for DHP’s and has been refused based on her income being deemed sufficient to pay the bedroom tax.

Any advice/guidance on possible eligibility for ONC would be greatly appreciated!

My client also states there is a court order for child and parental responsibility?