Under 35 on dla

Hi. Do you have to be on the middle or high rate dla in order to get housing benefit? I'm his carer and the council said he has to pay bedroom tax and gets like £50 a week for rent! He needs me to stay for overnight care but the council say no to paying for it.

mental addict wrote: Hi. Do you have to be on the middle or high rate dla in order to get housing benefit? I'm his carer and the council said he has to pay bedroom tax and gets like £50 a week for rent! He needs me to stay for overnight care but the council say no to paying for it.

Hi ma,

I assume that your query is regarding deductions from HB due to The Bedroom Tax.

We don't advise on HB issues, however........

Being in receipt of MR or HR Care DLA does not give an automatic exemption. However, there may be an exemption if the DLA MR/HR Care recipient is the tenant and needs a spare room for an overnight carer.

Read from :

"(3) A renter satisfies the overnight care condition if" below :

"Additional room :

12. (1) A renter is entitled to an additional bedroom if they satisfy any of the following conditions—

(a)the overnight care condition (see sub-paragraph (3));

(b)the foster parent condition (see sub-paragraphs (4) and (5)); or

(c)the disabled child condition (see sub-paragraph (6)).

(2) Sub-paragraph (1) applies subject to sub-paragraphs (7) to (9).

"(3) A renter satisfies the overnight care condition if—

(a)they are in receipt of—

(i)the care component of disability living allowance at the middle or highest rate;

(ii)attendance allowance; or

(iii)the daily living component of personal independence payment;

(b)one or more persons who do not live in the renter’s accommodation are engaged to provide overnight care for the renter and to stay overnight in the accommodation on a regular basis; and

(c)overnight care is provided under arrangements entered into for that purpose."

From : www.legislation.gov.uk/uksi/2013/2828/regulation/4/made

The "care" cannot be on a casual basis, and must be regular and significant.

See also :

www.disabilityrightsuk.org/bedroom-tax

You need to contact The LA/Council that administers the HB, they will need details and proof that the extra bedroom is needed for overnight care.

If you are not exempt as above, you could apply for Discretionary Housing Payments. (DHP)

Where to get advice?

bro58

bro58 wrote:

mental addict wrote: Hi. Do you have to be on the middle or high rate dla in order to get housing benefit? I'm his carer and the council said he has to pay bedroom tax and gets like £50 a week for rent! He needs me to stay for overnight care but the council say no to paying for it.

Hi ma,

I assume that your query is regarding deductions from HB due to The Bedroom Tax.

We don't advise on HB issues, however........

Being in receipt of MR or HR Care DLA does not give an automatic exemption. However, there may be an exemption if the DLA MR/HR Care recipient is the tenant and needs a spare room for an overnight carer.

Read from :

"(3) A renter satisfies the overnight care condition if" below :

"Additional room :

12. (1) A renter is entitled to an additional bedroom if they satisfy any of the following conditions—

(a)the overnight care condition (see sub-paragraph (3));

(b)the foster parent condition (see sub-paragraphs (4) and (5)); or

(c)the disabled child condition (see sub-paragraph (6)).

(2) Sub-paragraph (1) applies subject to sub-paragraphs (7) to (9).

"(3) A renter satisfies the overnight care condition if—

(a)they are in receipt of—

(i)the care component of disability living allowance at the middle or highest rate;

(ii)attendance allowance; or

(iii)the daily living component of personal independence payment;

(b)one or more persons who do not live in the renter’s accommodation are engaged to provide overnight care for the renter and to stay overnight in the accommodation on a regular basis; and

(c)overnight care is provided under arrangements entered into for that purpose."

From : www.legislation.gov.uk/uksi/2013/2828/regulation/4/made

The "care" cannot be on a casual basis, and must be regular and significant.

See also :

www.disabilityrightsuk.org/bedroom-tax

You need to contact The LA/Council that administers the HB, they will need details and proof that the extra bedroom is needed for overnight care.

If you are not exempt as above, you could apply for Discretionary Housing Payments. (DHP)

Where to get advice?

bro58

So it would seem that your situation may be covered by (See emboldened extracts in post above) :

12. (1) (a).......... (3) (a) (i) (b) AND (c)

That's what you would have to prove for an exemption to be granted.

bro58