52 week rule re caring away from home ( a council flat)

This is complicated, but basically, I have a council flat, on which I have been receiving council tax and housing benefit. I have an adult child with HF autism & OCD +++ who is currently homeless, and who was staying at my mothers house, because they had nowhere else to live. My elderly Mum became ill with cancer, and I had to leave my flat to look after her, at her home, but also when my mum came out of hospital after her op., move my child out of my mother’s to my flat because of the well-being of both of them - my mum could not cope with my child being there when she got back home from hospital after her cancer op. because Mum is elderly & has very high unstable BP, and my child has frequent loud shocking meltdowns because of their autism / distressed reactions. My child could not have coped with my Mum’s post operative state because of their severe OCD. I didn’t know about the 52 week limit for carers re rent and housing and c tax benefits. I told them about the situation recently, not knowing about it. Local council are now asking me to pay full C tax and rent. Has anyone ever been granted an extension to the 52 weeks because of complicated exceptional circumstances, which they cannot help? I don’t know when I can move back home because my child is still not rehoused. My child cannot live with anybody else. My flat is very small.
The reason they are homeless is because when under ‘confidentiality’, so I did not know what was happening, they were allowed by social care and support worker and by local Housing Dept (same council) to give up a council bungalow newly allocated to them & all their hard-fought-for housing rights, (because they were in poor MH & because of their OCD.). I had fought hard for the bungalow so was devastated when I found out. I was in shock. There was no best interests meeting or any meeting to support them through a time of change (new bungalow) or to support their (unwise IMO) decision. i begged Housing Dept to hold the bungalow but they would not speak to me because of confidentiality. I have complained. Confidentiality is now revoked, so I have got my child back on housing list, but we don’t know when they will be rehoused. I feel that I have been put into this position partly by Housing and Social Care not acting in my child’s or my interests. Now the Benefits and Billings dept are treating me with suspicion but I have done nothing wrong. I have exceeded the 52 weeks through no fault of my own. Is there any legislation or rules that could possibly help me? I cannot afford to pay full rent and c tax. I’m so depressed :astonished:(

Hi Pat.

Depressing circumstances that scream one organisation at me … SHELTER … the experts on housing issues :


Short of seeking legal advice direct , the best option for you.

As backups , the Carers UK Advice Team … best by email … and the CAB … links to both follow :



In all instances , I have assumed that you live in England.

This makes confusing reading! Can we deal with the two issues of mum and son’s housing, and the benefit issue, separately?

Where was mum when she gave up her bungalow?
Where is she now?
When did she last have a Needs Assessment?

When she went into hospital? did she or you notify Social Services that she was an ill carer and arrangements should be made for your son, her caree?

This made son homeless?

Mum was a “vulnerable adult” so was your son if he was living there, at very least they should have had an advocate.

If you have a council flat, surely that was your permanent residence?
Are you on benefits?

“My child cannot live with anyone else………”
What benefits does he claim? When was his last needs assessment done?

Thank you for your responses.