Local Housing Allowance

The Housing Benefit Regulations allow Local Authorities to include an extra bedroom in the Housing Benefit size criteria for tenants in the private rented sector.

This can apply in the following circumstances:

• overnight care is provided by a non-resident carer for either the claimant or his/her partner
• Foster Parents
• Armed Forces Personnel

Qualifying conditions

Overnight Carer

The Housing Benefit size criteria to include a bedroom for the use of a non-resident carer will apply where the following circumstances are
satisfied:

• The customer is a tenant in the private rented sector
• The customer or their partner has an established need for regular overnight care that is provided by someone outside of the household and
• The customer occupies a property with an additional bedroom that is
  used for this purpose.

The following criteria will also need to be satisfied:

• Overnight care is required on a regular basis
• That care is in fact provided
• There is a bedroom available for the carer's use
• The customer or their partner is in receipt of one of the following qualifying benefits:
  • Attendance Allowance
  • Disability Living Allowance: Care Component Higher or Middle Rate
  or a customer who is not in receipt of one of the above benefits but can demonstrate to the Benefits Service that overnight care is required may also satisfy this condition.

Foster Parents

Legislation has determined that an additional bedroom can be awarded where the claimant or their partner is classified as a 'qualifying parent or carer'.

• They must have the additional bedroom and
• They must be registered and have the child living with them or
• They must be registered and no longer than 52 weeks since they last had a child paced with them. 

In addition the legislation confirms that if you have an additional room due to the need for overnight care this does not stop them also having an additional room under the grounds of fostering but must have the additional room for both

Armed Forces Personnel

Legislation has determined that a person serving away on active duty can still be included within the household where the following criteria is met.

The person on active duty must be:

• The claimant or claimants partners son, daughter, step-son or step-daughter and
• Was the claimants non-dependant before they went on operations with the armed forces and
• Intends to resume occupying the dwelling as their home when they cease to be on operations