We have heard from one of our subscribers in East Anglia, about a case concerning a disabled couple who could not share a bedroom because of disability. The tribunal allowed the extra bedroom saying '"It was accepted that they are partners but also that because of their disability they cannot share a bedroom. While the tribunal noted that a couple under the regulations are allocated a room, recent guidance shows that a severely disabled child will not be required to share a room so by extension a severely disabled adult should not be expected to either....the facts of this appeal meant in common sense that both the occupants of the flat required a room and the appeal was allowed."
It is likely the HB section will now appeal to the Upper Tribunal especially as the same issue was lost by the appellants(Carmichaels) in
Court of appeal and High Court judgement MA and others [2013] EWHC 2213(QB).