Non-Resident Carer, Resident Landlord & 2 bedroom rate

My client (over 35 yrs old) is proposing to move into accommodation where the landlord is also resident.
She’ll be renting 2 bedrooms, one for herself and one for non-resident overnight carer(s), which she needs 7 nights pw.
She’ll share a kitchen, bathroom, living room, hallway with her landlord.
The landlord in not her carer.
I’m unsure how this would be treated under LHA?
Would it be a 2 bedroom rate or shared accommodation rate?

Somebody will correct me if i’m wrong, but I believe that the shared accommodation rate only applies to a person renting just one room for exclusive occupation. If you have at least two rooms then you don’t get that rate.

As far as I can see your client is entitled to the 1 room self contained rate until 01/04/2011 when she will be entitled to the 2 room rate.

She gets the 1 room self contained rate as she has exclusive use of 2 rooms for living in. From 1st April she will be entitled to an additional room for the calculation of LHA because of the carer(s)

It may be worth checking the regs just in case but the DWP guidance does not give your clients situation as an exclusion.

DWP guidence> http://www.dwp.gov.uk/docs/a3-2011.pdf