Under-occupancy for social tenants - additional information

Non-resident overnight carers

From 1 April 2011, if the claimant or their partner requires overnight care and that care is provided by someone who does not normally live with the customer, the Housing Benefit regulations allow for an additional bedroom to be taken into account for the purposes of calculating entitlement to Housing Benefit.

The regulations define a ‘person who requires overnight care’ as someone who:

  • receives Attendance Allowance (AA), or
  • receives the middle or highest rate care component of Disability Living Allowance (DLA), or
  • if they do not receive either of the above, can provide the local authority (LA) with sufficient evidence to show that this type of care is required

The customer, or partner, will only meet the definition if the LA is satisfied that the customer or partner, reasonably requires, and has arranged, that one or more people:

  • be engaged in providing overnight care for the customer or their partner;
  • regularly stay overnight at the dwelling for that purpose; and
  • be provided with the use of a bedroom in that dwelling additional to those used by the persons who occupy the dwelling as their home

The LA will need to be satisfied that:

  • there is a medical need for the care, and
  • the customer or partner actually receives care that requires a carer, or team of carers, to stay overnight 


Cases not subject to a restriction

Pension Age claims

The size criteria rules only apply to claimants of working age.  Any claimant over the qualifying age for state pension credit or with a partner over that age will be exempt from the size criteria rules from April 2013.

Shared ownership properties

This is where the claimant part owns the property under a shared ownership lease, usually with a housing association.

Non-mainstream accommodation

This includes mooring charges for house boats, site charges for caravans / mobile homes and excluded tenancies including regulated tenancies.

Temporary accommodation

Any claimant who is accepted as homeless under homelessness legislation of the Housing Act 1996 and placed in temporary accommodation by the local authority as described in regulation A13(3) because they are homeless or to prevent homelessness.

Supported ‘exempt’ accommodation

This is a particular type of supported accommodation defined for Housing Benefit purposes as accommodation provided by a housing association, a registered charity or voluntary organisation where that body or a person acting on its behalf also provides the claimant with care, support or supervision.

Boarder / lodger

This is not a member of your family but a person who rents a room in your house.  The income you receive from a lodger may affect your benefit. You should also check with your landlord as you might need permission to take in a lodger. Also, taking in a lodger may have an impact on your home insurance so seek advice.

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0303 123 1702

Allerdale Borough Council
Allerdale House, Workington, Cumbria,
CA14 3YJ