Landmark Bedroom Tax Ruling On Overnight Carers by samedifference1
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Landmark Bedroom Tax Ruling On Overnight Carers
by samedifference1 Picture displayed by Street Democracy
A
tribunal has overturned a decision on the bedroom tax, setting a
precedent that could force some councils to rethink how they decide who
needs a room for an overnight carer.
Solicitor
Giles Peaker said he would not be surprised if ‘a fair number of
councils’ had calculated who needs a spare room for overnight care in
the same way as Eastleigh Council did.
The
ruling, the first by an upper tribunal setting a precedent, overturned a
first-tier tribunal decision that had upheld a housing benefit cut by
Eastleigh Borough Council.
The
Hampshire local authority reduced the benefit of a woman who lives in a
three-bedroom house with her daughter and was therefore deemed to have a
spare room. The woman contended that she required a room for an
overnight carer because she suffered from severe asthma and eczema.
The
council said in a letter dated 18 October 2012 that because her
disability living allowance was calculated on her day needs rather than
night she did not have a regular need of carer. The housing benefit
regulations allow a room for carers who ‘regularly’ stay overnight.
The
unnamed claimant, however, contended that she does need a spare room,
and produced a doctor’s letter saying the ‘unpredictability’ of her
asthma means ‘she may well need and often does have someone staying over
night to look after her’.
In
the ruling dated 9 July, upper tribunal Judge Mark Rowland said: ‘A
bedroom may be required even if the help is required only on a minority
of nights.’
Giles
Peaker, partner at Anthony Gold Solicitors, said he would not be
surprised if ‘a fair number of councils’ had calculated who needs a
spare room for overnight care in the same way as Eastleigh council.
He said: ‘Anybody who has been rejected on the basis of overnight care should have a look at this.’
Sam
Lister, policy and practice officer at the Chartered Institute of
Housing, said the numbers of people likely to benefit from the ruling
are small.
