extra room for disabled child

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  • #43548
    smcphail
    Participant

    Looking for some advice. Single parent resides in 3 bedroom property and currently eligible for 3 bedroom rate of LHA. Has submitted appeal on basis should be awarded 4 bedroom rate of LHA in light of youngest child's disablity. I have considered circular A6/2012, howcver I undererstand that that she cannot be considered for 4 bedroom rate as only 3 bedrooms. Is this correct ?

    #123595
    peterdelamothe
    Keymaster

    Burnip, Trengrove & Gorry – scope of judgement

    The caselaw is very much in the claimants favour. Until and unless the DWP challenge this ruling, I cannot see that the claimant is not entitled to a four bed rate if you are satisfied that the child has a disability and needs the extra room…and with this major decision what is a Tribunal going to do apart from upholding the appeal?

    #123600
    smcphail
    Participant

    Peter, thanks for response, but I’m a bit confused. I understand that the extra bedroom for overnight carer can only be awarded if there is an actual extra room for this purpose and had thought that the same principle applied to disabled child. This is why I thought could only get 3 bedroom rate but you understand that the 4 bedroom applies. Do you know why the same principle doesn’t apply in the case of disabled child.

    #123613
    peterdelamothe
    Keymaster

    I was merely going by the judgement quoted above; I see what you mean by the extra bedroom not being available. My fault not noticing that :party: Yes I think you are right but do read the caselaw and the comments about DHP’s on the thread

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