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Social Rented Bedroom penalties & social services involvement
Our local authority are starting to let claimants in RSL tenancies know that they may be affected by the bedroom penalties (I can’t think of a better description this early) from next April, which is generating a lot of queries to me.
In particular, as I’m working primarily with vulnerable families, I’m being asked whether there are any exceptions where there is social services involvement in the family, and they have advised that children need to have separate bedrooms, for health/disability or social/emotional reasons? I can’t see it, the only way around I can see is DHPs, and there’s going to be a lot more requests for them when the reductions kick in, so to get them long-term is going to be almost impossible.
hi
HB/CTB Circular A4/2012 sets out guidance to local authority housing benefit departments in relation to size criteria restrictions and highlights that, following the Court of Appeal judgment in Burnip v Birmingham City Council & Anor, those whose children are said to be unable to share a bedroom because of severe disabilities will be able to claim Housing Benefit for an extra room from the date of the judgment, 15 May 2012.
however the DWP goes on to say that -
'... it will remain for local authorities to assess the individual circumstances of the claimant and their family and decide whether their disabilities are genuinely such that it is inappropriate for the children to be expected to share a room. This will involve considering not only the nature and severity of the disability but also the nature and frequency of care required during the night, and the extent and regularity of the disturbance to the sleep of the child who would normally be required to share the bedroom. This will come down to a matter of judgment on the facts.'
i guess this means you will have to make an argument for each family where an extra room is required due to the disability of a child and i’m sure those arguments will be better received if backed up by medical evidence.
also the the DWP says it’s appealing against the Court of Appeal decision so it’s not clear yet what the final outcome will be.
here’s a link to the rightsnet news story on the HB guidance -
and court of appeal judgment -
cheers ros
Thanks Ros, looks like it’s going to be a lot of letters from me & assorted social workers! Fun times.
Lorraine
There has been a later circular issued A6/2012 which specifically relates to the decision.
Many thanks
Shaun
here’s a link to HB/CTB A6/2012 -
http://www.dwp.gov.uk/docs/a6-2012.pdf
and rightsnet news story -
http://www.rightsnet.org.uk/news/story/amount-of-local-housing-allowance-where-extra-bedroom222/