Bedroom Tax exemption Application advice

Hi, I am in receipt of DLA at full rate mobility and lower rate care and am undergoing assessment currently to get a higher rate care. I live in a 2 bed house and need to keep my second bedroom as I need my daughter or grandson to stop overnight sometimes as I suffer with very bad depression and nightmares. I only sleep for 2-3 hrs per night before waking and I have thoughts of self harm.

I pay £27 per fortnight for 'bedroom tax' but feel that I should be exempt as I need to keep my 2nd bedroom for when my daughter or grandson stay with me when I need them. In a telephone conversation to the bedroom tax people, I have been told that I need to write a detailed letter stating how many times per week they stay, how long for and what care is given etc.
Do we have any guidance on these things on B & W...I am a paid up member.
Thanks very much
Suzanne

Suzanne wrote: Hi, I am in receipt of DLA at full rate mobility and lower rate care and am undergoing assessment currently to get a higher rate care. I live in a 2 bed house and need to keep my second bedroom as I need my daughter or grandson to stop overnight sometimes as I suffer with very bad depression and nightmares. I only sleep for 2-3 hrs per night before waking and I have thoughts of self harm.

I pay £27 per fortnight for 'bedroom tax' but feel that I should be exempt as I need to keep my 2nd bedroom for when my daughter or grandson stay with me when I need them. In a telephone conversation to the bedroom tax people, I have been told that I need to write a detailed letter stating how many times per week they stay, how long for and what care is given etc.
Do we have any guidance on these things on B & W...I am a paid up member.
Thanks very much
Suzanne

Hi S,

We don't really advise on "The Bedroom Tax" but a quick search reveals the following as criteria for exemption with regards to needing a spare room for an overnight carer :


"You (or your partner) are a ’person who requires overnight care’ if you (or s/he) are getting attendance allowance or the middle or highest rate of disability living allowance care component;

or :

have provided the local authority with sufficient certificates, documents, information or evidence to satisfy it that overnight care is required.

In addition, you (or your partner) must satisfy the local authority that you (or s/he) reasonably require, and have arranged for:

one or more people who do not live with you to provide overnight care and to stay overnight regularly in your home for this purpose; and a bedroom to be provided for the carer(s) additional to those used by others living in your home.

You can count as a person who requires overnight care even if you are not actually living in your home, provided you can be treated as occupying it – eg, while you are temporarily absent from home."

From : The Housing Benefits Regulations, at Reg 2(1) HB Regs; reg 2(1) HB(SPC) Regs

I would fill in any forms, or provide any evidence that they ask for.

If you do not qualify for exemption under the above, you could apply for DHP's (Discretionary Housing Payments).

Be warned, these payments are totally discretionary, and the LA will probably class your DLA as income.

You will find further information on your LA website.

bro58