I am sole carer for 20yr old daughter who gets high care and high mobility rates. She often needs care at night. So that I can get some respite my eldest son travels on most of his days off to stay with me so he can do overnight care. Does anyone know how many days a month regular care is? According to universal credit I don’t meet criteria to not pay bedroom tax
I would contact Social Services, ask for a Needs Assessment, and perhaps a Continuing Healthcare Checklist Assessment too.
Then give DWP a copy of the assessment, plus your Carers Assessment too.
What is the nature of your daughters disabiity?
Is she claiming Income related benefits as well as PIP/DLA?
https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/bedroom-tax
The law states that the person needs to require ‘regular’ overnight care. ‘Regular’ has not been defined in terms of a specific amount of care, but it has been said to mean the same as ‘commonly’, ‘habitually’ or ‘customarily’.
The test for whether someone requires ‘regular’ overnight care is if the need for the care arises often and steadily enough to require that a bedroom be kept for this purpose. Therefore, someone who needs overnight care every night all of the time would obviously pass the test, but the law is also clear that the test can be passed in situations where care is only provided on a minority of nights, so long as an extra bedroom is needed for this purpose (for example, this might apply where someone with a health problem only needs care on bad nights).
The law is not clear about whether a ‘non-resident carer’ means a paid care worker or a carer, and therefore it is reasonable to argue that the term should apply to both.
Also, the law does not specify whether it has to be the same carer or carers that provide the care. So, if different members of a family take turns to stay over with an older relative, or if care is sometimes provided by a combination of family, friends or paid care workers, this should not cause a problem.
https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/housing-benefit/how-an-extra-bedroom-affects-your-housing
benefit/check-if-youre-allowed-an-extra-bedroom-for-housing-benefit/
from the above web site …
Overnight carer
You qualify for an extra bedroom if anyone in your household receives overnight care on a regular basis from a non-resident carer and gets any of the following benefits:
PIP - daily living component
DLA - middle or high care component
attendance allowance - higher rate if you get HB; any rate if you get UC
Been appealing for a year. Had reconsideration in my favour this week even though letter was a bit confusing then today had same document sent to my journal only to find they had changed the outcome to me not being eligible for the extra bedroom and they don’t consider my son coming to take over care as regular enough. My online statements have now been retrospectively altered to fit their narrative, and no one seems to be able to help
Have you tried the above. Contact Shelter on Monday and take advice on what/where to go next.