Bedroom tax exemption

belgiumbun

A relative is of pension age and her husband receives Esa income based and pip with daily living and mobility having suffered a stroke. However she is being billed for 14 % bedroom tax should she be exempt from Bedroom tax? Please note her partner does not receive universal credit but legacy ESA .

She keeps being told she doesn't need to pay it from various well meaning but housing benefit insist the tax is just?

She has been paying now for about 2 years .

Any advice would be welcomed and appreciated 🙂

poppy123456

Yes, unfortunately it does apply because they are what's known as a mixed aged couple. If she was a single person or her husband was also of state pension age then they would be exempt.

belgiumbun

Thanks 👍 was finding it hard going clarifying the answer . It seems to me that the thinking behind this is flawed were she to be widowed or single despite the inhabitance of the property falling even lower , ironically she would become exempt?

Thanks though for the answer.

poppy123456

No problem. Yes, it's all to do with the mixed aged couples rules, which introduced on 15th May 2019. Their situation could be even worse If they were claiming UC. Do I agree with those rules? No, absolutely not.

belgiumbun

This has caused my relative huge issues she has moved her and husband into sheltered accommodation they were assured the move was economically sound and without risk . It now transpires there is a sizeable shortfall it’s incredibly stressful for a person who is just trying to ensure her husband is in a suitable environment.

Thanks again

poppy123456

I’m sorry they were given such poor advice, unfortunately this happens all too often.

If either of them claim a disability benefit such as DLA mid/high rate care, PIP/ADP daily living or AA if they are unable to share a bedroom due to their health conditions or they need regular overnight care they could claim for an extra bedroom, which would mean no bedroom tax. More details here https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/housing-benefit/how-an-extra-bedroom-affects-your-housing-benefit/check-if-youre-allowed-an-extra-bedroom-for-housing-benefit/

Alternatively they could also try claiming a Discretionary Housing Payment for the shortfall of rent. It’s not guaranteed but always worth a try. See link. https://www.gov.uk/government/publications/claiming-discretionary-housing-payments/claiming-discretionary-housing-payments
They may want to get some help filling out the DHP forms if they go down that route because they are quite complex.

belgiumbun

Oh that's very helpful he does claim PIP and receives full rate of both components does that change things ? She sleeps in a separate bedroom

poppy123456

They could certainly apply for an extra bedroom if they are unable to sleep in the same room. They would need to speak to their Local Authority.