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Migration to UC and spare bedroom
- blueshouter
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1 day 20 hours ago #304371 by blueshouter
Migration to UC and spare bedroom was created by blueshouter
I'm in the process of moving from ESA and housing benefit to Universal credit, I currently pay the bedroom tax as I live in a 2 bedroom house by myself.
I cant see anywhere on the universal credit form were I declare that I have an extra bedroom, so how will they know?.
Also when doing some research before filling the forms out I found out that because I receive PIp living high rate and my partner ( who has her own property), stays with me to help me shower and uses the spare bedroom, about 3 nights a week, then I should be exempt from bedroom tax.
Is this correct, and if so how do I claim this on universal credit or have I left it too late, I've only just found this out after the paying bedroom tax for many years.
as always thanks for your help
I cant see anywhere on the universal credit form were I declare that I have an extra bedroom, so how will they know?.
Also when doing some research before filling the forms out I found out that because I receive PIp living high rate and my partner ( who has her own property), stays with me to help me shower and uses the spare bedroom, about 3 nights a week, then I should be exempt from bedroom tax.
Is this correct, and if so how do I claim this on universal credit or have I left it too late, I've only just found this out after the paying bedroom tax for many years.
as always thanks for your help
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- David
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1 day 20 hours ago #304373 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Migration to UC and spare bedroom
Hi blueshouter
Firstly when the DWP are informed about a partner staying over night this will generate a UC agent To Do ---Record compliance outcome (living together). So you need to be prepared for this as if you are deemed to be living together your UC claim would be closed if your partner owns a property.
Here are the rules regarding the spare bedroom exemption for which you may qualify.
Additional room where renter requires overnight care
12.—(1) A renter who is a single person is entitled to one additional bedroom if the renter requires overnight care.
(2) Joint renters are entitled to one additional bedroom if one or both of them requires overnight care.
(3) A renter requires overnight care if the first and second conditions are met.
(4) The first condition is that the renter is in receipt of—
(a)the care component of disability living allowance at the middle or highest rate;
(b)attendance allowance; or
(c)the daily living component of personal independence payment.
(5) The second condition is that—
(a)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 at the accommodation on a regular basis; and
(b)overnight care is provided under arrangements entered into for that purpose.
David
Firstly when the DWP are informed about a partner staying over night this will generate a UC agent To Do ---Record compliance outcome (living together). So you need to be prepared for this as if you are deemed to be living together your UC claim would be closed if your partner owns a property.
Here are the rules regarding the spare bedroom exemption for which you may qualify.
Additional room where renter requires overnight care
12.—(1) A renter who is a single person is entitled to one additional bedroom if the renter requires overnight care.
(2) Joint renters are entitled to one additional bedroom if one or both of them requires overnight care.
(3) A renter requires overnight care if the first and second conditions are met.
(4) The first condition is that the renter is in receipt of—
(a)the care component of disability living allowance at the middle or highest rate;
(b)attendance allowance; or
(c)the daily living component of personal independence payment.
(5) The second condition is that—
(a)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 at the accommodation on a regular basis; and
(b)overnight care is provided under arrangements entered into for that purpose.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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