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What is a “bedroom”? Additional room for a carer
The UT has just decided in CH/140/2013 (an LHA case) that a “bedroom” has a plain dictionary meaning…a room for sleeping / a room with a bed in it. That can mean a lounge is perfectly suitable for a carer for the extra bedroom rate to be granted.
“19. The word “bedroom” is not defined in the legislation. It is an ordinary English word and should be construed as such. According to the dictionary definition in the Shorter Oxford English Dictionary a bedroom is
“a room containing a bed”,
whilst in the Collins Dictionary it is
“a room furnished with beds or used for sleeping”.
In the Merriam Webster Dictionary it is
“a room used for sleeping”
This seems (to me anyway) to undermine DWP guidance that “there must be an extra room actually in the property” for the carer before a higher rate of LHA can be awarded . Yes, said the Judge, the carer must stay in the same dwelling but nothing more. Providing it is clear that a room is available and the arangements are that the carer can sleep there (on a sofa or sleeping bag on cushions even), the test is met. Lots of such applications were refused and will now have to be reviewed I guess.
The implications for under occupancy / bedroom tax…if the room is not set up for sleeping can it be a “bedroom”? A helpful argument?