Landmark Bedroom Tax Ruling On Overnight Carers
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A tribunal has overturned a decision on the bedroom tax, setting a precedent that could force some councils to rethink how they decide who needs a room for an overnight carer.
Solicitor Giles Peaker said he would not be surprised if ‘a fair number of councils’ had calculated who needs a spare room for overnight care in the same way as Eastleigh Council did.
The ruling, the first by an upper tribunal setting a precedent, overturned a first-tier tribunal decision that had upheld a housing benefit cut by Eastleigh Borough Council.
The Hampshire local authority reduced the benefit of a woman who lives in a three-bedroom house with her daughter and was therefore deemed to have a spare room. The woman contended that she required a room for an overnight carer because she suffered from severe asthma and eczema.
The council said in a letter dated 18 October 2012 that because her disability living allowance was calculated on her day needs rather than night she did not have a regular need of carer. The housing benefit regulations allow a room for carers who ‘regularly’ stay overnight.
The unnamed claimant, however, contended that she does need a spare room, and produced a doctor’s letter saying the ‘unpredictability’ of her asthma means ‘she may well need and often does have someone staying over night to look after her’.
In the ruling dated 9 July, upper tribunal Judge Mark Rowland said: ‘A bedroom may be required even if the help is required only on a minority of nights.’
Giles Peaker, partner at Anthony Gold Solicitors, said he would not be surprised if ‘a fair number of councils’ had calculated who needs a spare room for overnight care in the same way as Eastleigh council.
He said: ‘Anybody who has been rejected on the basis of overnight care should have a look at this.’
Sam Lister, policy and practice officer at the Chartered Institute of Housing, said the numbers of people likely to benefit from the ruling are small.
Same Difference 
Reblogged this on chunkyfunkymunky.
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I think it funny they evaluated on days needs when a bedroom is usually needed at night. Load of old rubbish this system is, glad she won.
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“I think it funny they evaluated on days needs when a bedroom is usually needed at night.” What a good point Maria- we have to laugh at the way they think!
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Reblogged this on sdbast.
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Reblogged this on glynismillward189.
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