Two bedroom LHA rate for person with a disability

I have a couple have are currently been given relief duty of homeless prevention by local authority.
They are stating any accommodation they provide or provide financial support for is based on local housing allowance- as they are a couple with no children then 1 bedroom rate ( which in London barely covers a studio never mind one bed, anyway that is another story).
One person in couple receives PIP- higher element for Daily Living and Mobility
Partner Receives Carers allowance
Due to his medical condition she often has to sleep in another room- thus we feel they may be eligible for two bedroom rate
Housing caseworker states a letter from GP is needed as evidence- GP will not/ can not provide this
Looking at policy- I ca not see anything specific that says medical evidence is needed in these cases- just that he needs to be in receipt of Daily Living element of PIP?
Does anyone have any experience of this? Any grounds to challenge L/A

Many Thanks

I don’t know of any specific requirement, but a simple answer would be to make a subject access request to the practice to obtain the records and then present those records to the LA ( and highlight the medical conditions which give rise to the need for the partner to sleep in a separate room)

Thanks, we have detailed medical information, that is how we managed to get L/A to accept they were at risk of homelessness ( current property not suitable due to medical reasons) and were priority need. They say to be entitled to second bedroom rate the evidence would need to explicitly state a second bedroom is needed due to medical reasons, and the GP is just not willing to do this and states it is not a decision he can make.
I can not find anything that says this evidence is needed so not sure if it a policy of specific local authority and if we have grounds to challenge it.

What is their current accommodation?

One bedroom flat, main reason it is not suitable is that it is second floor and no lift and due to disability he is unable to climb stairs,
however we/ they also feel they meet the eligibility for two bed rate.
As mentioned- Housing Caseworker said GP letter is needed to confirm this, I have just spoken to Social Prescriber who has advised that l/a should not have asked for this as their is no duty on a person to provide specific evidence, and that l/a should contact them directly if further info in needed. They advised it is duty of l/a to carry out assessment of if they are eligible based on the medical report that has already been provided.

Yes but is it a private or social sector property and (if the former) is the rent more than LHA?

It would be a relatively simple matter to appeal the HB decision to a Tribunal.  I am sure any Tribunal would accept the evidence you have provided is sufficient given that HB Reg 86 provides

Evidence and information
86.—(1) Subject to paragraphs (1A) and (2) and to paragraph 5 of Schedule
A1(a) (treatment of claims for housing benefit by refugees), a person who makes a
claim, or a person to whom housing benefit has been awarded, shall furnish such
certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, housing benefit and shall do so within one month of
the relevant authority requiring him, or the Secretary of State requesting him, to do
so or such longer period as the relevant authority may consider reasonable

Nothing in Reg 86 requiring a letter from a GP specifically stating that an extra room is needed

I am not a housing lawyer but you do have a right of review of the council’s decision on suitability, and then ultimately judicial review

Thanks, their current property is privately rented and within LHA- as part of relief duty Caseworker is signposting them to properties within one bedroom rate- which are all studio flats- which are not suitable due to medical condition.

My understanding is that as he is in receipt of PIP higher element for DL and Mobility, and she is in receipt of Carers Allowance, and also because due to his medical condition they often need to sleep in different rooms, them they are eligible for two bed rate- they are not disputing this per se but saying specific medical evidence is required- that GP state they are not required to provide.

The word I am thinking that describes the LA’s position on the medical evidence cannot be used on rightsnet

I can imagine…. reading through the evidence anyone would with common sense would deduce that it is sufficient evidence- but because it does not specifically say Mr X needs two bedrooms, they will try and dispute it.
GP practice were quite helpful- advised that l/a should not be asking for anything further than a medical report, and individuals should never be asked to provide specific info- which GP’s charge for- if they need it they should request it, this is apparently local gov ombudsman guidelines.

The ombudsman will take forever and any recommendation is theoretically not binding on the LA

If your client has an HB award I would simply appeal the HB decision on the ground that the 2 bed rate applies

I would be confident of winning that appeal

BTW don’t bother asking for a revision just go straight to appeal

Thanks, think is probably what direction we will go in

Sorry, I am getting very confused. What HB decision are they going to appeal?

This is the question- I am trying to get them to provide in writing that they state client is not eligible for two bedroom rate- I guess this may not be a HB decision- but could still dispute it using l/a/ procedure.
I do not think entitlement is discretionary- if someone is eligible they are eligible- l/a is implying that specific medical evidence has to be provided but this does not appear to be the case.

the issue is that the regs expect everything is in real time
your customers arent eligibnle for a 2 bed rate at the momnt vbcause they dont have the addiional bedroom required.  ( that is a definite - that the family have a requirement for an additional bedroom AND occupy a dwelling with an additional vbedroom)

As a HB decision - theres nothing here to decide - they arent eligble for a 2 bed rate as thry dont have a spare bedroom -  and we are not permitted to be mystic megs and make dcsions in advance of wsomethig happening -  so asking - would you pay a 2 bed rate if we lived in a 2 bed, isnt really going to work - we vcan point you in the direction of the regs and explain that we will need information as to why the medical conditions/ disabilitites mean its unreasonable to expect them to share a room/ why they routinely are unable to share a room

but right now, there nothing to appeal HB wise?
They are in a one bed - they are getting one bed rate   - thats correct., reagdreless of their health circumstances, because they dont have a spare room right now.

agree and emprthise it s chicken and eggs - but the LA would be really under fire if they said yes, 2 bed rate no problem, then when the Change of address happened, it wasnt payable fort some reason….

I appreciate what you are saying- i did not Initially pose this as a question strictly in relation to HB, so sorry if it has been read this way, I may not have explained well.

The issue is- L/A have said that if the client can provide a letter stating that client needs an additional room then they will accept that they are entitled to the two bed rate- this is not me been mystic meg as you word it- it is a statement provided by the l/a.

However, the GP is stating that they can not issue this, and the evidence already provided should be enough.

I appreciate no housing benefit decision has been made- however they Homeless Prevention Team are basing their decision of entitlement on the Local Housing Allowance of the one bed rate- as a result of this non of the properties are suitable. 

Also you mention regarding needing extra info to justify why they need an extra room- where in the regs is this stated, as far as I can see entitlement to PIP Daily Living and Carers Allowance is enough?