Extra room for disabled child?

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  • #43788
    Claire Moses
    Participant

    We have a claim where cutomer is requesting an extra bedroom rate.  She has 2 children and one of them has undergone a clinical assessment for his conduct disorder.  Within the report, it is said that the child 'sleeps well' but also has outburts at home, usually towards his sibling.  Mum does get DLAC(middle rate) and DLAM (lower).

    Can anyone please give me advice as to whether or not we would award an extra room based on the above 

    #124436
    Andy Thurman
    Keymaster

    DWP guidance suggests you should award it but then suspend the additional amount!
    The over-riding recent case (Burnip, Tengrove & Gorry) found that LHA rules contravened Human Right’s legislation but until the rules are changed, I believe LA’s are powerless to do anything.
    My advice would be a DHP award clearly stating an intention to recover should things subsequently be changed to allow it for any period the DHP has been paid.
    DWP have stated an intention to appeal but I have heard nothing to say that they have yet done so – it seems likely a change in regs (backdated at least as far as the decision on the quoted case) will follow at some point.

    #124479
    Anonymous
    Guest

    I agree with Andy, although I know Peter doesn’t, but then I have a lawyer in my family who has given me her considered view 🙂

    #124480
    Claire Moses
    Participant

    Thank you – your responses are much appreciated

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