Foster carer and bedromms

Quick question as I’ve not had time to check the legislation.  Single parent, 6 yo old child and one foster child 5 months old, private landlord.  2 bedrooms allowed or 3?  Has been told that the foster child should have a room of his own.  I’m uncertain.

Reg.21(3) HB Regs precludes children placed with claimant under sec.23(2)(a) Children Act 1989 or by a voluntary organisation under sec.59(1)(a) of that Act from being counted as occupying the claimant’s dwelling.

However, Findlay commentary also goes onto say that someone who satisfies the conditions of being a “qualifying parent or carer” under reg.2 HB Regs can qualify for one extra bedroom under reg.13D(3A)(a) if they have a child placed with them as a foster parent or kinship carer. The regulation 2 wording actually says:

““qualifying parent or carer” means a person who has a bedroom in the dwelling they occupy as their home additional to those used by the persons who occupy the dwelling as their home and who—

(a) has a child or qualifying young person placed with them as mentioned in regulation 21(3) who by virtue of that provision is not treated as occupying their dwelling; or
(b) has been approved as a foster parent under regulation 27 of the Fostering Services (England) Regulations 2011(a) or regulation 28 of the Fostering Services (Wales) Regulations 2003(b) or as a kinship carer under regulation 10 or a foster carer under regulation 22 of the Looked After Children (Scotland) Regulations 2009(c) but does not have a child or qualifying young person placed with them and has not had a child or qualifying young person placed with them for a period which does not exceed 52 weeks;”.

I’ve checked the Shelter guide and it says the same thing as does our Handbook, see pages 396/7. So it appears possible, but I’d hesitate from being definitive, as I find the dichotomy slightly confusing Paul.

Thanks Paul

Now had time to check the regs and it does seem possible.

My understanding is that it is 3 bedrooms.

Foster children are not included in the general assessment for HB purposes but foster carers have an extra room allocated for bedroom tax purposes - only one mind however many children fostered!  It is not really the fostered child that is the issue but the fact of fostering in the prescribed circumstances.  I think that is the nature of the apparent dichotomy.

Tony

Thanks Tony

Review underway