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Top Disability related benefits topic #1266

Subject: "Disability & Housing benefit rules/regulations" First topic | Last topic
pinkprincess
                              

Care advisor, Care Advisory Service
Member since
07th Feb 2005

Disability & Housing benefit rules/regulations
Mon 07-Feb-05 05:24 PM

A Question and I'm looking for seems appropriate here...

I have a client whom is having persistent problems when it comes to HB mainly being, they are a married couple living in a 3 bed bungalow, he the claimant has his own room due to severe disability's and his wife/carer her own. Obviously due to the nature of his disability's it is not possible for them to share the same room. They have been to many bodies and solicitor's whom take their money but when they come-up against brick walls run a mile! I arrange care for him and help for her to obtain respite, but the problems with their HB is compounding and causing problems for them. The housing will not disregard their extra bedroom they have a 3 bed bungalow, privately rented, he his own room, she as the carer has her own room with equipment in it for her partner.

What rules and regulations govern 'if known' how this situation is dealt with. Do the council have a duty to take into account his disability and 'allow' them the extra room, or for them to overlook it? I have come up against brick-walls myself and have battled with legislation in trying to come up with a feasable solution.

I did however obtain information from the R.O. service (Rent officer's) for the laymen amongst us! And they said that they do/did take into account a persons disability's when calculating if the property is too big for their needs... This is the problem my clients are up against.... The property is classed too big for their needs, but surely he is entitled to an extra room or at least for it to be disregarded?

'The goalposts are constantly mooving'.

Any known legislation or law to police this matter and help these guy's out of the quagmire of beurocracy they are being dealt?

  

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Replies to this topic
RE: Disability & Housing benefit rules/regulations, Damian Walsh, 08th Feb 2005, #1
RE: Disability & Housing benefit rules/regulations, suewelsh, 08th Feb 2005, #2

Damian Walsh
                              

Welfare Rights Officer Salford City Council, Salford Welfare Rights Service, Salford
Member since
11th Feb 2004

RE: Disability & Housing benefit rules/regulations
Tue 08-Feb-05 02:24 PM

The size criteria are in schedule 2 of The Rent officers (Housing Benefit Functions)Order 1997. Here is a link:
http://www.dwp.gov.uk/advisers/docs/lawvols/bluevol/pdf/a8_6401.pdf

They seem pretty inflexible to me. Probably the best bet is to apply for a discretionary housing payment if it is the size criteria that are causing the difficulty although, you say there are three bedrooms so it would depend if there is a living room.

I don't know if you can really be dealt a quagmire but it sounds quite unpleasant

  

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suewelsh
                              

Adviser, Citizens Advice Shropshire
Member since
27th Jan 2004

RE: Disability & Housing benefit rules/regulations
Tue 08-Feb-05 04:38 PM

How long have they been in the bungalow claiming HB? Are they being assessed wrt the right set of rules?

  

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