Two bedroomed property for LHA when occupied by a couple in separate rooms due to disability

All advice appreciated.

Our client is severely disabled and sleeps in a hospital bed in one bedroom of his 2 bed property. His wife is unable to occupy the same room due to his health issues and consequently sleeps in the second bedroom.

She is his primary carer. LHA will only fund one bedroom on the basis that she is his wife and therefore they are not eligible for 2 bed rate - can this be challenged?

There is some DHP (Discretionary Housing payment) being paid but it does not meet the shortfall between LHA and rent liability.

Thanks for your help.

There is currently no discretion to allow more than the one bedroom rate for a couple living alone, so a DHP is the only thing to go for.

I seem to remember that there were supposed to be some changes that would allow a second bedroom for a carer but I haven’t heard any firm dates for it starting yet - (anyone heard anything?)

It probably wouldn’t apply retrospectively anyway, I recall another thread that discussed whether a break in claim of one week would allow the claim to be treated as new one with the second bedroom included.

Extra room for carers where there is a medical need will be from April 2011, effective immediately for existing claimants, but not retrospectively. Just waiting for the regs to be passed.

Thanks for your reply,does this mean that an existing claimant could get the two bed rate by providing some sort of proof that the second bedroom is medically necessary or does it only apply to new claims made after April’11?

what we have so far says from April for existing claims, so, given that its not been passed, yet, and DWP have issued no “guidance”, I can’t see why not. it’s certainly worth a punt.

The draft amendment regs are available here..

( http://www.ssac.org.uk/pdf/housing-regulations-2010.pdf )

I’ve quoted relevant parts covering the extra room for carers from April ‘11 below - unfortunately it doesn’t look like this will help in the OP’s clients’ case.

In HB Reg 2(1) inserts definition:-

“person who requires overnight care” means a person (“P”) who—

(a)
(i) is in receipt of attendance allowance;
(ii) is in receipt of the care component of disability living allowance at the highest
or middle rate prescribed in accordance with section 72(3) of the Act; or
(iii) although not satisfying either paragraph (i) or (ii) above has provided the
relevant authority with such certificates, documents, information or evidence
as are sufficient to satisfy the authority that P requires overnight care; and

(b)
reasonably requires, and has in fact arranged, that one or more people who do not
occupy as their home the dwelling to which the claim or award for housing benefit
relates (“the dwelling”) should—
(i) be engaged in providing overnight care for P;
(ii) regularly stay overnight at the dwelling for that purpose; and
(iii) be provided with the use of a bedroom in that dwelling additional to those
occupied by the persons who occupy the dwelling as their home,
or would reasonably so require (and would so arrange) but for a temporary absence
from the dwelling in circumstances of the kind described in regulation 7.”

In HB Regs 13D(3) adds:-

“.. and one additional bedroom in any case where the claimant or the claimant’s partner is a person who requires overnight care (or in any case where both of them are) “