Bedroom tax

juju10

Hi everyone I have a question currently I don’t receive full housing element…bedroom tax…but now due to health issues I do sleep in bedroom separate from partner …what do I need to do also currently in receipt of pip also…many thanks for any advice with this 😊

calcotti

If there is a medical reason that requires you to sleep separately a Decision Maker can decide that you need an extra bedroom but the need will obviously need to be evidenced.
Are you claiming Housing Benefit or UC?

juju10

Hi we are in receipt of universal credit 

juju10

An yes medical reasons suffered a stroke an have renal failure an seen regular by renal team

calcotti

juju10 said:

Hi we are in receipt of universal credit 

This is what the guidance says
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1108297/admf3.pdf

F3111 A renter is entitled to a bedroom for

8) both members of a couple, where they are unable to share because of disability 

The disabled person condition

F3136 A renter (see F3131) will also be entitled to an additional bedroom if they satisfy the disabled person condition (this captures those couples who are unable to share because of disability). The disabled person condition is satisfied where the renter would be expected to share a bedroom with a joint renter and

1. the renter is in receipt of

1.1 the care component of DLA or ADP at the middle or highest rate

1.2 AA (at the higher rate)

1.3 the daily living component of PIP and

2. because of their disability the renter is not reasonably able to share a bedroom with the joint renter.

I can't find any guidance on how to assess the need.

I don't know how you report the need to UC because I don't know if there a a suitable Report a Change location in which to report it. If necessary you'll have to send a message in your journal or try the UC helpline to ask them what you need to do.

juju10

Yes many thanks for advice you are right no option on journal so I have spoke to them an added a note on my journal all I can do but thanks again I’m in receipt of high rate pip so maybe they will require to see award who knows 😊

calcotti

juju10 said:

Yes many thanks for advice you are right no option on journal so I have spoke to them an added a note on my journal all I can do but thanks again I’m in receipt of high rate pip so maybe they will require to see award who knows 😊

I think that you they will know about the PIP award. Does your partner claim the carer element for looking after you? Are you getting LCWRA element or have you applied to be assessed for it?

However getting the PIP is not of itself sufficient to qualify you because getting PIP doesn't mean that you can't share a bedroom. I think they will need more information from you about the difficulties that prevent you sharing room.

Would be informative if you let know how you get on (without revealing any intimate details about your circumstances).

juju10

Yes receive Lwcra an yes he receive carers allowance also it’s because of stroke an amount of times toileting through night accidents etc so disturbance to him a lot affects his sleep 

juju10

Also read somewhere if your disability affects an disturbs their sleep has to be taken into account…but who knows 

calcotti

calcotti said:..Does your partner claim the carer element for looking after you?

juju10 said: Yes receive Lwcra an yes he receive carers allowance …

Does he get the carer element included in the UC calculation?

The carer element should be added in the UC calculation and the Carers Allowance deducted.

juju10

He just gets the carer element in uc that’s it 

calcotti

juju10 said:

He just gets the carer element in uc that’s it 

That’s fine. Just wanted to check that he is getting the carer element.
(Carer’s Allowance is a different benefit that can be claimed if he is eligible but would simply be deducted from the UC so would make no difference to your income.)

juju10

Yes thank you will keep you updated on what happens as to what is said about extra bedroom being used

majii

My daughter on UC and limited capacity element 
we didn’t receive HB for her - just me (I am medically retired due to cancer)
Daughter then got PIP and we informed local authority as change in financial circumstances more money coming into house 
she was then awarded housing benefit and council tax benefit after I claimed caters allowance which I don’t get but have an underlying entitlement to (my ESA with disability premium is more than caters allowance would be so DWP left me on that payment but I get benefits of caters allowance 

calcotti

majii said:… after I claimed carers allowance which I don’t get but have an underlying entitlement to (my ESA with disability premium is more than carers allowance would be so DWP left me on that payment but I get benefits of carers allowance

The way your benefits work is different from OP. For you it was necessary to claim Carers Allowance in order to get the carer premium in your benefits. Under UC the carer element can be claimed without claiming Carers Allowance.

majii

I was attempting to comment on irony of being entitled to housing benefit despite having higher income (dyslexic think I type as I think but clearly don’t) 
also trying to highlight benefits didn’t apply the increase in housing benefit and it wasn’t until I contacted housing to declare increase in income that increase in housing benefit was actually applied and council tax reduced - so trying to make point of need to be checking what we are entitled to is actually being paid irrespective of benefit we are on

I was trying to say I don’t get carers allowance, but I do get underlying entitlement which meant housing benefit and council tax benefit entitlement/increase 

the UC limited capacity to work assessor for my daughter put in claim for carers allowance - I had always  believed I could not claim as had more than £132 a week after tax income 

I am unsure what OP refers is it other people?

calcotti

majii said:

I am unsure what OP refers is it other people?

OP = Opening poster

I understood what you were saying about your benefits. In your case, because you claimed Carers Allowance (even though you were not paid it) this resulted in a carer premium being added to other benefits resulting in an increase in your benefits. To get the carer premium in legacy benefits which you are on it is necessary to claim Carers Allowance.

Under UC, which is what OP is claiming, it is not necessary to claim Carers Allowance in order to get the carer element. Claiming Carers Allowance does not increase income if claiming UC. For some councils their Council Tax Reduction schemes might require a claim for Carers Allowance to get a carer premium in the CTR calculation but most councils now calculate CTR based on data provided by UC.

The £132 rule for CA applies only to earnings. Doesn’t apply to other income such pensions or investment income.

The stupid thing is that working age people on UC who then become pensioners do then need to apply for Carers Allowance if they are to get a carer premium in Housing Benefit, CTR or Pension Credit.

juju10

Good morning just to update a decision maker called me an asked reasons on phone why I was using spare bedroom an two days later I received decision on journal saying it was
accepted an I am now being paid for the extra bedroom to be fair dm was very understanding an listened to all my reasons an they said with pip in payment no further evidence was required although I did have some from renal consultant if needed…hope this helps anyone in this position 😊

Hannah_Alumni

That's great news @juju10

juju10

Hi Iam waiting on a mandatory reconsideration on backdated bedroom tax universal credit put note on journal as it’s been over 3months waiting they apologise an said mr had been allocated to a dm and I would have decision in 3
working days uploaded onto journal by 6pm on the 11th July….it’s 13th today an still no decision is this normal? Tia 

poppy123456

Timescales for MR decisions are up to 12 weeks, sometimes longer. All you can do is put a message onto your journal to ask them again.