Introduction
Are you unsure about your Housing Benefit and whether you qualify for an extra bedroom? This article simplifies the complexities of the “bedroom tax” and outlines your rights in clear, accessible language. With the help of Contend’s highly trained AI legal experts, you can easily navigate your legal concerns and find the guidance you need. Discover how to ensure you receive the benefits you deserve with the Easiest Legal Help in the UK.
If you live in a council or housing association home, you might be wondering about your Housing Benefit and whether you’re entitled to an extra bedroom. The rules can be a bit tricky, especially if you’re not familiar with the legal jargon. This article breaks down what you need to know in simple terms.
What is the Bedroom Tax?
The “bedroom tax” (officially known as the “under-occupancy charge” or “social sector size criteria”) can reduce your Housing Benefit if your home has more bedrooms than you need. This rule mainly affects working-age individuals living in social housing. However, there are exceptions, so let’s explore those.
When Can You Claim an Extra Bedroom?
If Someone Usually Lives With You
If someone normally lives with you but is temporarily away, they still count as part of your household under certain conditions:
- They plan to return to live with you.
- You haven’t rented out their room.
- If they are in the UK, they should be away for no longer than 13 weeks.
- If they are outside the UK, their absence should be less than 4 weeks.
If they are away for up to a year due to being in the hospital or studying, they can still be counted as living with you.
If You Have a Disability
You can receive an extra bedroom if someone in your household is disabled and requires regular overnight care from a carer who does not live with you. This applies if:
- The disabled person is you, your partner, or another adult in your home who receives a disability benefit.
- The disabled person is receiving specific benefits like Attendance Allowance or Disability Living Allowance.
You can only claim one extra bedroom for carers, even if multiple people in your home need care.
If You Have a Disabled Child
If your child is disabled and cannot share a bedroom due to their condition, you may be eligible for an extra bedroom. Your child must meet certain criteria, such as receiving Disability Living Allowance. If your council decides to reduce your Housing Benefit due to an alleged surplus of bedrooms, you can challenge this decision using a template letter from the charity Contact.
If You Are a Foster Carer
If you are an approved foster carer, you can also claim an extra bedroom. This applies whether or not you currently have a child placed with you. However, only one additional bedroom is permitted for a couple or joint tenants who are both approved foster carers.
If Your Child is in the Armed Forces
If you have an adult child in the Armed Forces who lives with you but is stationed away, they are still considered to be living at home, allowing you to keep their bedroom in your count.
Special Situations
Joint Tenants
If you share a property as joint tenants, everyone living there counts. If your home is considered too large, your Housing Benefit may be reduced accordingly.
Recent Death in the Household
If someone has recently passed away in your household, you won’t see a reduction in your Housing Benefit for a year following the death, even if your home is now deemed too big.
Domestic Abuse Considerations
If you or someone in your home has experienced domestic abuse and your local council has added security measures to your home, the size restrictions may not apply.
Types of Housing Affected
The size restrictions do not apply to all types of housing. For instance, if you live in temporary accommodation provided by your council or in supported housing, these rules may not affect you.
Next Steps
If you believe your Housing Benefit might change due to the council’s assessment of your home size, it’s important to take action. You can try Contend’s legal expert chat to discuss your situation and see if you qualify for any exemptions.
For more detailed information, consider visiting resources like the Contact website or calling their support line at 0808 808 3555.
Understanding your rights regarding Housing Benefit can be overwhelming, but knowing the rules can help you navigate your situation more effectively. If you have any further questions or need assistance, don’t hesitate to reach out for help through Contend’s legal expert chat.
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