Housing Solicitors

There has been much publicity recently surrounding the Housing Benefit “Bedroom Tax” which was recently introduced. From 6 April 2013 the amount of Housing Benefit a social rented tenant (i.e. those in Local Authority or Housing Association properties) of working age can receive will be reduced in cases of deemed under-occupancy. In effect, a social rented tenant will have his/her Housing Benefit reduced by 14% per cent if it is deemed that he/she is under-occupying their home by one bedroom; and 25% it if is deemed that he/she is under-occupying their home by 2 or more bedrooms. The criteria used to calculate the number of rooms that a social rented tenant requires for determining if there is ‘under occupancy’ is that there must be one bedroom for: (i) Every adult couple; (ii) A single person aged 16 or over; (iii) Any 2 children of the same sex under the age of 16; (iv) Any 2 children regardless of sex under the age of 10; and any remaining child.

However, following recent pressure and the highlighting of potentially unfair results materialising from the above criteria, the Government has now also deemed that an extra bedroom will be needed for: (i) a disabled child who cannot share a bedroom (note: this does not apply for couples who cannot share a bedroom because of a disability – although this may be later challenged under Article 14 of the European Convention of Human Rights as discriminating against adults with disabilities); (ii) a foster carer; and (iii) a young person who is currently serving in the Armed Forces and intends to return to the property; and a non-resident carer who provides overnight care.

A social rented tenant has two options if they may be subject to a reduction in their housing benefit. Firstly, the social rented tenant can try and have it deemed that they need an extra bedroom – for example, by proving that they have a disabled child who cannot share a bedroom (such as obtaining Disability Living Allowance for the disabled child) or that they need a non-resident overnight carer (such as obtaining a higher award rate of Disability Living Allowance for themselves). Further,

the social rented tenant can apply for discretionary housing payments to help make up any financial shortfall which is caused by the reduction to the housing benefit as a result of the ‘Bedroom Tax’. The Government has recently stated that it has made an additional £30million pounds available to Local Authorities to assist those who will be affected by these reductions.

Further, in the event of the death of a family member of the social rented tenant, the reduction to the Housing Benefit that would normally then apply because of the under-occupancy will not apply for the first 52 weeks after the death. Pensioners are exempt from the “Bedroom Tax”. Only those of working age will face a reduction to their housing benefit if it is deemed that they are under-occupying their property.

Legal 500 and Chambers UK Law Firm Duncan Lewis has a number of legal teams available to advise and assist those that may be adversely affected by this new bedroom tax. The Welfare Benefits Department at Duncan Lewis is available to advise on discretionary housing payments, assist with applications for Disability Living Allowance (soon to be Personal Independence Payments) for adults and children and appeals against the Housing Benefit Bedroom Tax reduction decision to the Valuation Tribunal. Duncan Lewis’ Housing Department specialises in representing individuals in Possession Proceedings regarding rent arrears and its dedicated Community Care Department advises on property care assessments to establish if a property and family circumstances requires additional spare bedrooms.

By Daniel Anderson