I have a client who cares for her husband since he had a stroke. they live in a 2 bed property which has been assessed as "inappropriate" by the HB dept and their HB is therefore reducd. they should have a 1 bed place as they are a couple and she says she does need second bedroom (and anyway they couldn't move to somewher 1 bedded because of his health) as she sometimes needs to sleep in the other room because he is restless and keeps her awake (the restlessness being related to his disability). Is there any argument that could be made for them needeing a 2 bed place a nd the Hb not being reduced because iof this?

Is the landlord an RSL or a private landlord?

If a private landlord then the claim would probably be a "Local Housing Allowance" claim and the one bedroom rate would automatically apply. (See other posting threads on this issue).

If the landlord is a registered social landlord then things are more complex.

Can you give me more details of when the claim was made, if its a private sector landlord or an RSL, and the date of the tenancy.

I don't know when the tenancy started but it is not under the LHA and they would not benefit from being under that scheme either (another adviser ahs already considered that). they live in privte rented but i don';t thinks that makes any difference in terms of the qestion I'm asking.

I am afraid that it does make a big different.

If your client is in private rented accommodation and their claim does not fall under the LHA then one of the following must normally be the case.

1) They claimed HB prior to April 2008 and have not moved or had a break in claim. - If this is the case why has this issue only come to light now, has the LA only recently restricted the rent?

or 2) They are protected tenants

To satisfy that definition;
- the accommodation must be provided by a county council, housing association, registered charity or voluntary organisation, and the tenant must be provided with care, support or supervision by either the landlord or someone acting directly on their behalf. In the latter there must be interposition not merely that the landlord be part of a group co-ordinating care, support or supervision.

or

- they have a pre 1989 tenancy

or
-Large Scale Voluntary Transfer has taken place

or
-There are some exceptional cases, ie caravans, houseboats (including mooring charges), mobile homes and hostels

Which of these apply will have a big impact on the rules the LA must follow in deciding on the level of eligible rent to use in deciding HB.