Even though the 2017 amendments were not retroactive, the Supreme Court ruled in a subsequent decision that authorities, including local authorities administering housing assistance, courts and tribunals, have the power to disregard secondary legislation (including the rules on applications for bedrooms under the “bedroom tax” regime in effect before April 1). 2017) if they are incompatible with the European Convention on Human Rights. [54] If the landlord`s description is contested, the housing authority must justify why a particular room is designated as a bedroom. A number of factors must be considered, including: [34] There is no definition of a bedroom in the regulations. The following principles for determining whether a room is a bedroom have been developed in case law: You can have 1 room for every single person aged 16 or over. However, any rental income from your tenant will be ignored, which can make up for what you lose under the bedroom tax. If an applicant has been entitled to continuously assisted housing since January 1, 1996 and, in most cases, has not moved since that date, he or she has been exempt from bedroom tax for a period of time. This exemption also applied, in certain circumstances, to legal successors and former partners who continued to live in the home after the death or departure of the original applicant. [49] In August 2013, The Independent published figures showing (according to it) that 96% of those affected by the changes would have nowhere to move because of the lack of available social housing. [30] While it is illegal to sublet a social tenancy, it is legal for social tenants in this situation to accommodate tenants to cover additional costs. This is encouraged by the government; This potentially provides the tenant with a net benefit and reduces the total number of people looking for alternative housing. One of the reasons size is a factor is that it limits the amount of furniture that can be housed in a room. A bedroom should be able to hold furniture next to the bed (for example, a bedside table) and furniture for storing clothes – a dresser can perform both functions.
[41] The word “bedroom” had to have its ordinary meaning. The conditions under which an additional room may be approved for a non-resident caregiver are set out in the “Caregiver” section below. In its manifesto for the 2015 general election, the Scottish National Party said: “We will vote for the immediate abolition of the unfair bedroom tax.” [19] In their 2017 manifesto, the Liberal Democrats declared their intention to abolish the bedroom tax. [18] If an applicant or their partner has reached the age to qualify for the pension credit, they are exempt from bedroom tax. [45] The State pension calculator on Gov.uk can be used to calculate when an applicant is entitled to a pension credit. If you`re not sure if a room counts as a bedroom, check your contract. All rooms called bedrooms count – even if they`re small or if you`re using them for something else. From 3 March 2014, this category of exemption from bedroom tax will no longer apply.
However, those who were entitled to the exemption but did not receive it can still apply for a review of their housing assistance after that date, as the legislation repealing the exemption does not apply retroactively. Member of a couple who cannot share a room due to a disability. [3] A “member of a couple who cannot share” must be entitled to the care component of the Disability Maintenance Allowance (DLA) at the higher or average rate, the higher Attendance Allowance or the daily living component of the Personal Autonomy Allowance (PIP) or the Armed Forces Independence Allowance. In addition, the local authority must assess that the applicant is unable to share a room with the other member of the couple because of their disability. [4] Room standards, as set out in overcrowding legislation, do not determine whether a room is a bedroom, although the size of the room may play a role. [36] In one case, the Superior Court stated that “warning bells” should ring when a room was less than 50 square feet, even if it was used for a child. [37] A bedroom should not be counted if it is not safe to use. A room contaminated with asbestos cannot be treated as a bedroom.
[35] Find out if the deduction is less than the reduction in the benefit under the bedroom tax, otherwise your situation may be worse. The bedroom must be “reasonably necessary” by a non-resident caregiver (or caregiver team) who spends (or stays) “regularly” at night. [18] Whether a bedroom is used “regularly” must be assessed over a long period of time and it is not necessary for a caregiver to stay overnight most nights. [19] A bedroom is permitted if the applicant or their partner has a child or stepson who is in the armed forces and they:[15] in most cases, an additional bedroom where the applicant or their roommate falls into one of the above categories. For example, an extra room is allowed if the roommates each have a disabled child who needs a non-resident night watcher. [29] If the roommates are a couple, only one additional room may be granted for a foster child or overnight daycare. The classification and description of a property used as housing is a fact that must be determined objectively on the basis of relevant factors such as size, floor plan and specifications in its vacant state; This classification can only be changed by structural changes made with the consent of the owner and does not change according to the actual needs of the occupants or the way they use the rooms from time to time for any reason. This also applies if a bedroom is renamed a living room by a social worker for reasons of therapy, privacy and care for a disabled applicant. [42] First, you should check how many rooms you can claim according to the rules. If a “replacement room” is created after a death, a municipal tenant`s housing allowance is not reduced until one year after his death. [7] The Court of Appeal held that the municipality must apply an objective test to determine the applicant`s right to the chamber. The individual characteristics of the actual user(s) are irrelevant.
The authority must objectively assess whether a room can be used as a bedroom by one of the depersonalized groups listed in the regulations (see above), not how the property would be used by a particular family unit. [8] Extra room for one person staying overnight for your child Some applicants are exempt from bedroom tax. The following rules apply. the fact that a small room could be characterized as a “storage room” did not preclude it from being classified as a bedroom,[38] and A room for a resident night watchman living in the applicant`s home should be permitted under the general rules set out above, since the caregiver would be a “person who is not a child.” The eligible rent, which is used to calculate the amount of housing allowance that a tenant of working age can receive in the social rental sector, is determined on the basis of room size criteria and reduced in case of under-occupancy. This is commonly referred to as the “bedroom tax.” If you are struggling to pay your rent due to the bedroom tax, you can apply for a discretionary housing payment (DHH) from your local board. To find your local council and apply for a DHH near you, enter your postal code in the box below and click the Search button. If you disagree with the number of rooms the board says you need, or if you think the “bedroom tax” was wrongly applied to you, you can ask the board to reconsider that decision. You must do this within 1 month of receipt of the decision. You should do this in writing and make sure you clearly explain why you think you should be entitled to an extra room. You can also ask for a rationale for this decision and appeal the decision. There is another category of exempt housing, which is defined as “housing provided by a housing association, registered charity or voluntary association, where that facility or a person acting on its behalf also provides care or support to the applicant” (assisted living), “or supervision” (assisted living). [5] The UK Supreme Court has ruled that failing to provide a bedroom to the partner of a severely disabled tenant violates that partner`s human rights to housing.
In this rental, a room is required for the medical equipment of the disabled partner. [6] In Scotland, anyone affected by the bedroom tax would have to apply for a discretionary housing payment. That`s because the Scottish Government guarantees payments to make sure you`re not worse off. An applicant may apply for a discretionary housing payment to compensate for a loss of revenue due to the bedroom tax. Additional funding has been allocated to support people with disabilities living in shelters that have been significantly adapted to their needs. [44] The overcrowding rules will apply to all people of working age as of April 1, 2013. One room more than the calculated allowance means a 14% reduction in housing allowance, and two “spare rooms” mean that a tenant loses 25% of their housing allowance. [5] The rules for calculating eligible rooms are the same as for local housing allowance for recipients of private rentals, with the exception of disability or armed forces regulations.