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Bedroom tax success for disabled adult living in a care home
Islington Law Centre won a bedroom tax appeal at the FTT on two matters - one room on size (it’s too small to be considered a bedroom) and the second room because it was accepted that the appellant’s son who stays with her one night a week “occupies the dwelling (his mother’s house) as his home.”
Hi Lorna
Sorry but I’m confused by this - is the appellant’s accommodation in fact some kind of supported living with a rent liability, as opposed to “a care home”?
Jo B
It’s a care home.
Ah - I think we were talking at cross purposes - it is the appellant’s SON who is in care. Sorry for any confusion.
Jo B
Hiya,
A few questions, do we know the dimensions of the bedroom that was classed as too small?
Are HB paying for the sons housing costs at the carehome? I assume there isn’t a non-dep charge at the residents home for him?
I have a similar case whereby a resident is being Bed Taxed in a fully adapted disabled property which was built for her and her son to live. He is now in Foster Care, he does visit/stay over at the property in question but there is no routine to this, it could be every weekend for two weeks and then not at all for a month. This is so she can spend time with him and also if the Foster Carers need some respite.
The LA won’t accept a DHP so the resident in question has brought in a lodger. She is refusing to move as if she does she will no longer be able to have her son to stay would only be able to visit him at the Foster Carers property when suitable.
Thanks
Just wondering if we have any links to the decision?
I have a very similar case but it involves two disabled sons who live away from the family home but return on weekends and also when their carers need annual leave (The father finds it difficult to recruit carers due to the complex needs of his sons).
Thanks
A little more information on the case from Nearly Legal.