When you are entitled to extra bedrooms

An extra room is now allowed (for both social housing and those in private rented accommodation) for a disabled child or a disabled non-dependant adult requiring and receiving care from a non-resident carer provided that:

• They have overnight care on a regular basis
• Care has been arranged
• A spare bedroom is available for the carer (or team of carers)
• An extra bedroom has not already been allowed for a non-resident carer (similar to foster carers - only one extra room will be allowed despite the number of carers needed)
• The disabled child or non-dependant adult must be in receipt of one of the following:

1. Middle- or high-rate care of disability living allowance
2. Daily living personal independence payment
3. Attendance allowance
4. Armed forces independence payment

If the disabled child or disabled non-dependant adult does not receive the above benefits but does have overnight care, it is down to the council's discretion as to allow an extra room depending on the evidence provided, for example, a letter from a health professional.

If there is more than one disabled child or non-dependant adult receiving overnight care only one extra room can be allowed and if there is a shortfall because of this, a discretionary housing payment can be claimed. An example of this is as follows:

Within a four bedroomed house there is a disabled tenant who needs an overnight carer plus a disabled child who also needs an overnight carer. The bedroom requirement would be:

• One for the tenant
• One for the tenant
• One for the carer (only one allowed for the carer)

This would mean a requirement of three bedrooms leaving an under occupancy or one bedroom, the shortfall in rent could then be looked at for a discretionary housing payment.

Joint tenants in council or housing association properties

For joint tenants where one or both have a disabled child or non-dependant adult receiving overnight care will be able to have an extra room each up to the number of bedrooms in the property. An example of this is as follows:

Two joint tenants live in a five bedroomed house both needing overnight care, and both have a disabled child needing overnight care. The bedroom requirement would be:

Tenant one:

• One for tenant one
• One for the child
• One for the carer (only one allowed for the carer)

Tenant two:

• One for tenant two
• One for the child
• One for the carer (only one allowed for the carer)

This would mean a total allowance of six bedrooms but as there are only five bedrooms in the property, there is no extra allowance to give, but there is no under occupancy charge.

Joint tenants in privately rented accommodation

Joint tenants where one or both have a disabled child or disabled non-dependant adult receiving overnight care will be able to have an extra room each up to the four-bedroom maximum for local housing allowance. The four-bedroom limit is appointed between them. An example of this is as follows:

Using the same example above where two joint tenants are living in a five-bedroomed house, both need overnight care, and both have a disabled child who needs overnight care:

The bedroom requirement would be:

Tenant one:

• One for tenant one
• One for the child
• One for the carer (only one allowed for a carer)

Tenant two:

• One for tenant two
• One for the child
• One for the carer (only one allowed for a carer)

This would mean a total allowance of six rooms but as there is a maximum of four and this has to be apportioned between them, they would be entitled to a two-bedroom rate each.

Last updated: ‎06/11/2024 10:00