Bedroom tax and disability: exemptions explained

The bedroom tax (officially the under-occupancy charge) cuts your housing benefit, or the housing element of Universal Credit, if you are in social housing with more bedrooms than your household is assessed as needing. But 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 cut in housing benefit or Universal Credit housing costs for social housing tenants with one or more bedrooms above the number they are assessed as needing. The cut 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 situations where a disabled tenant can keep an extra bedroom without the bedroom tax applying:

Overnight carer

Do you need overnight care from someone who does not live with you permanently? Then you are entitled to an extra bedroom for them. You must actually need that care. It is not enough that someone stays over now and then. Evidence from your treating clinician, an occupational therapist, or a social services care plan can 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). A disabled child may not be able to share because of their disability. Reasons include challenging behaviour, the need for equipment, or disturbed sleep. In that case they may be entitled to their own bedroom.

Adapted or specially designed bedroom

Your home may have been adapted for a disabled occupant. Examples: a wet room, or a room built to hold medical equipment. This can be considered when assessing bedroom entitlement.

Foster carers

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

What is the process?

The council or the Department for Work and Pensions calculates the bedroom tax. Which one depends 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). Explain which exemption you are claiming and why.
2. Provide supporting evidence. This could be a letter from your treating clinician, occupational therapist, or 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. If needed, you can then 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). This can cover the shortfall the bedroom tax causes. DHPs are awarded at the council's discretion, so you may not get one. 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?

Disrepair in your social housing home, such as no heating or persistent damp, is a separate matter from the bedroom tax. A housing disrepair claim can run 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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