Bedroom tax and disability: exemptions explained

The bedroom tax (officially the under-occupancy charge) reduces the amount of housing benefit or the housing element of Universal Credit you receive if you are in social housing and are considered to have more bedrooms than your household needs. However, there are exemptions for some disabled people. Read on to find out who qualifies and what to do if you think you should be exempt.

What is the bedroom tax?

The bedroom tax is a reduction in housing benefit or Universal Credit housing costs for social housing tenants who have one or more bedrooms above the number they are assessed as needing. The reduction is:

• 14% for one extra bedroom
• 25% for two or more extra bedrooms

It applies to working-age social housing tenants only. People of pension credit qualifying age are not affected.

Who is exempt because of disability?

There are several circumstances where a disabled tenant can keep an extra bedroom without the bedroom tax applying:

Overnight carer

If you need overnight care from someone who does not live with you permanently, you are entitled to an extra bedroom for them. You must need that care, it is not enough that someone occasionally stays. You can use evidence from your treating clinician, an occupational therapist, or a social services care plan to support this.

Disabled child who cannot share

Children are normally expected to share a bedroom with a sibling of the same sex (if both are under 16) or any sibling (if both are under 10). If a disabled child is not able to share because of their disability, for example, because of challenging behaviour, the need for equipment, or disturbed sleep, they may be entitled to their own bedroom.

Adapted or specially designed bedroom

If your home has been specifically adapted for a disabled occupant, for example, a wet room or a room built to accommodate medical equipment, this can be considered when assessing bedroom entitlement.

Foster carers

Approved foster carers can have one extra bedroom to use for a foster child, even if no child is currently placed with them.

What is the process?

The bedroom tax is calculated by the council or the Department for Work and Pensions (depending on whether you get housing benefit or Universal Credit housing costs). If you think a disability exemption applies:

1. Write to your housing benefit team or contact the DWP (for Universal Credit) explaining which exemption you are claiming and why
2. Provide supporting evidence, this could be a letter from your treating clinician, occupational therapist, social worker, or a care plan showing the need for overnight care or a separate bedroom
3. Ask for a formal decision in writing

If your claim is turned down, you have the right to ask for a review and, if needed, to appeal to an independent tribunal.

Discretionary Housing Payment

Even if you do not qualify for an exemption, you may be able to apply to your council for a Discretionary Housing Payment (DHP) to cover the shortfall caused by the bedroom tax. DHPs are awarded at the council's discretion and are not guaranteed, but they can help where there is a genuine disability-related need for extra space that does not fit the formal exemption rules.

Can this affect a housing disrepair claim?

If your social housing home has disrepair, for example, no heating or persistent damp, that is a separate matter from the bedroom tax. A housing disrepair claim can be pursued alongside any benefit issue. They do not affect each other.

When should I contact Support for Tenants?

If you rent privately and your landlord has not fixed disrepair in your home, we may be able to help. We do not handle benefit appeals, but we can help with housing disrepair claims.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Welfare Reform Act 2012 (legislation.gov.uk)
• Equality Act 2010 (legislation.gov.uk)

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