Introduction of the extra room rate for a non-resident carer -LHA

I have been trying to look up how this would work if there was a house in multiple occupation of disabled people, who rent their rooms individually but in that property there is a room set aside for an overnight carer.

Has anyone seen how this would then be applied to the new ruling? Could everyone in the property then be able to apply for the additional room rate or would it be shared between each tenant? I can’t find anything that defines this situation.

Thanks

Julia

I’ve been pondering this as well.

In the case of people who aren’t classified as severely disabled, I’m having difficulty in seeing any way in which someone on the shared room rate could acquire any entitlement to an extra bedroom without firstly becoming entitled to the one bedroom rate.

Where there are people entitled to the one bedroom rate they will normally each have to have two rooms that aren’t shared which is uncommon, I would have thought.

If the SDP is in the assessment and they get the one bedroom rate automatically then I’m seeing it a question of fact.  Is there a proven need for a room for a carer for this person and is that person non-resident?  My gut feeling is that once you get to a situation where the same person is caring for more than one resident then they really stop being non-resident, as they become part of the support service; but I think I’ll wait for more informed views on this.

This is dealt with in the latest DWP guidance (para 25)
http://www.dwp.gov.uk/docs/a3-2011.pdf

25 Help with the extra room will also be available to those who live in a property that is shared with other tenants who also receive care and there is a bedroom that is used by a non-resident carer. This is most likely to apply when a number of residents share the same property and overnight care is provided to all of them by the same carer or team of carers using just the one bedroom.

26 Even if younger than 25 (i.e. a young individual), a customer in these circumstances who needs regular overnight care is likely to be exempt from the shared room rate and therefore qualify for the one bedroom self-contained rate of the local housing allowance. Adding an extra bedroom for the non-resident shared carer would entitle them to the two bedroom rate even though they live in a property with other tenants. However, if the two bedroom LHA rate exceeds the cap rent, the claimant’s maximum rent (LHA) will be the cap rent. This would also be the case for those subject to the maximum rent.

27 Any or all of the residents receiving the overnight care and claiming HB could have the same carer’s room included in their benefit assessment provided the LA is satisfied they meet the requirements as individuals.

This basically works like a shared non-dependant when calculating the rooms under LHA