Local Housing Allowance

Since 1 April 2011, the Housing Benefit Regulations have allowed local authorities to include an extra bedroom in the Housing Benefit size criteria for tenants in the private rented sector. (Council and Housing Association properties are not subject to the Housing Benefit size criteria rules). This applies when there is a need for overnight care and this is provided by a non-resident carer on an overnight basis for either the claimant or his/her partner.

Qualifying conditions

The change to 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.

Guidance for advisors

If advisors are aware of any customers that may be eligible for the provision of an additional bedroom for a carer please ask them.