Disabled man wins battle over extra room and housing benefit entitlement

A disabled man has successfully argued before the First-Tier Tribunal that a room in his home was not a bedroom for the purposes of the housing benefit under occupancy regulations and so should not lead to a reduction in his entitlement.

Westminster City Council had concluded in March 2013 that the room was an additional bedroom and it therefore had to apply the reduction.

The appellant, advised by Robinson Wilson Solicitors, took the case to the FTT.

Issuing a decision notice last week (20 September) Judge C Haley-Halinski said: “I have found that the room in question was never intended to be a bedroom, and has never been used as a bedroom. It contains equipment necessary for the appellant to try and overcome his disability.”

The judge added: “The term ‘bedroom’ is nowhere defined. I apply the ordinary English meaning. The room in question cannot be so defined.”

In a statement on its website, Robinson Wilson said: “Although decisions of the First Tier tribunal are only binding on the Secretary of State, in the absence of a binding precedent this case should be considered favorably, as to our knowledge it is the second case to succeed in challenging the term ‘bedroom’. The only other tribunal case on this point to succeed is SC108/13/01318 (held in first tier tribunal Kirkcaldy Scotland).”

A spokesman for Westminster said: “Westminster Council reduced Mr Lall’s housing benefit on the grounds his landlord described the property as having two bedrooms – under national regulations, it is up to the landlord to list the number of bedrooms in a property, not the government or the local authority.

“The housing association changed its assessment shortly before the tribunal case which supported Mr Lall’s argument that the additional room was not a bedroom, but a space to store equipment needed by a disabled person.”

The spokesman added: “The council had previously invited Mr Lall to apply for a discretionary housing payment to make up the shortfall from the loss of housing benefit stemming from a second bedroom, but he turned this down.

”Westminster Council has a number of measures in place to help those who may be affected by welfare reform, including specialist advisors.”