As a result of the Carmichael decision handed down by the Supreme Court last November, new Regulations will come into effect from 1 April 2017.
From that date, where a disabled child or disabled non-dependent adult requires overnight care from a non-resident carer, or where a couple is unable to share a bedroom because of their disabilities, they will be entitled to an extra bedroom and will not be subjected to any bedroom tax deduction from their housing benefit or universal credit.
This follows the ruling of R (Carmicheal) –v- Secretary of State and other appeals UKSC 58; where the Supreme Court held that (1) there was no reasonable justification for the different treatment of adults who cannot share a bedroom because of disability and children who cannot do so because of a disability and (2) there was no reasonable justification for treating adults who need an overnight carer differently from children who need an overnight carer.
A PDF copy of the Regulations can be found here.
If you have any questions about this post or any related topic, please contact Anna Bennett.
