Bedroom Tax

Hi All, firstly I am a new member here. I am 61 years of age, Army Veteran, and I live with my partner and child. For many years I have been on the old style ESA both IR and CB, plus also getting DLA Low Care, High Mobility. Since thec18th of last month I have been forced to apply for UC.

While I was on ESA I was not paying the bedroom, due to me being on low care I could not claim carers allowance, but I do suffer from Complex PTSD, because of this I have violent bad dreams and I do move around the bed a lot and a few times I have hit my partner. In 2018 I had to go to a tier one tribunal and sit infront of a judge.

I won this appeal and was given the right to use my spare room as a place either I or my partner can use if I am having a bad time. I do not know the technical name of this paperwork, I just call it my award. I was told to never lose this paperwork as I thought that as long as I am in the same house, I would never have to pay bedroom tax.

On the move over to UC, the DWP are now making fuss, as they will not pay the bedroom tax part of my rent. I have told UC about my award, sent them copies of the award, but they have stated that being on low care DLA, they won't pay it.

Is this award still current/legal, or will I have to pay the tax. If I have to pay that would be a cut of £44 a month off my benefits, that plus losing my Army Pension, which is £130 a month is making me very angry at the moment. We was told that we would not be worst off by moving to UC, but at the moment I am.

Any suggestions please.

Hi Gary,

I have read your reply, but I am sorry I might to disagree with your reply, and more I should have explained my self a bit better. Reason for the delay in replying, is that I have spent few days in hospital.

Firstly Fred Kaz is not my real name, this was given to me when I was in the Army.

The move from ESA, both IR and CB, to UC has been one non stop nightmare. I got the dreaded letter stating that I had to move over to UC from ESA. As stated in 2018 i was on ESA and DLA (High Mobility, Low Care) seeing that I was on low care I did not qualify for the Bedroom Tax not to be paid. I applied to council, they said no, so after that I went for the appeal. This appeal I won back in 2018, this was only that I wanted the bedroom as a bedroom for either me or my wife. I suffer from Complex PTSD and when I have nightmares, I sometimes can lash out and a few times I have hurt my partner. This is never done on purpose, always in my sleep, since then, I have not paid any Bedroom Tax. The Council was happy with the decision, and so was my Landlord.

Like I said I had the letter telling me to move over and I filled in all the forms like they asked. On the form there is no option on the question how many bedroom in the house and are they all used. I was unable to point out that I don't pay the tax. In the years prior to being forced onto UC I was never in any debt with anyone, all bills paid, never in any arrears. Even though We did not get a lot, I ensured that we always had a roof over our heads, and a way to keep warm and feed and cook .

Like you said the rules for each benefit are different, but I would have thought a ruling from a Judge must stand no matter what benefit the Household was receiving. Like I said the room is for both me and my partner. Seeing that I now have to pay the bedroom tax, I now have to find £65 a month to pay for this Tax which I have not paid since 2018. I have done the mandatory reconsideration, this failed so I have applied to go for Appeal. I have already asked the courts regarding is the award still valid even though the DWP have made me change my benefits, threw not fault of my own. They like said the award was to use the room, and whatever benefit is needed will not matter.

I did not get the Top up protection element when moved, and now that I have worked out what I was getting before UC, I am now down by just short of £300 a month. Why could they not have just left me to retire and go on my state pension in a few years.

My main question was to ask have the DWP got any legal rights to over rule a judge?

Hi Fred,

I just want to wish you good luck with your tribunal and really hope you get a decision in your favour.

This UC migration seems to be causing a great deal of anxiety and distress to a lot of claimants.

All the best,

Gaddy

Sorry for the late reply but thank you for your reply.