Additional Bedroom issues for claimants migrating to Universal Credit

Social sector rent charges are calculated on the basis of the number of bedrooms in the home. As a result, there may be a shortfall between the housing costs paid and the rent costs if a household has more bedrooms than they require.  

 In Northern Ireland there is a “social sector size criteria” welfare supplementary payment available to top up the difference between the housing costs and the rent charges in social sector properties. The social sector size criteria is more commonly known as the bedroom tax. 

 Some people that have moved to Universal Credit may continue to be protected by a Welfare Supplementary Payment if they continue to “under-occupy” their property.  

 Problems have arisen where claimants who receive a welfare supplementary payment for “under-occupying” their home are found to be entitled to an additional bedroom when they move to Universal Credit. 

The amount paid for housing costs on Universal Credit (UC) are generally calculated on the basis of household size, in addition to factors such as claimant age, property location etc.  

 Generally one bedroom is allowed for the following1: 

•  a claimant/couple 
• a qualifying young person for whom the above is responsible; 

• a non-dependent aged 16 or over;  

• two children aged under 10; 

• two children under 16 of the same sex; 

• any other child  

 An additional bedroom can be awarded in the following circumstances2: 

•  A claimant or child requires regular overnight care from a non-resident due to their disability and they receive qualifying benefits 
• A claimant or child is unable to share a bedroom due to their disability and they receive qualifying disability benefits 

• The claimant/partner satisfies the foster/adoption process 

 (It is also possible in certain circumstances for someone who is a single person aged under 35 to be paid the one bed-room rate rather than a shared bedroom rate) 

The payment of housing costs for an additional bedroom under Universal Credit causes the welfare supplementary payment to cease and erodes the transitional payment, meaning the payment the claimant receives actually reduces by the welfare supplementary payment amount. 

 The issue appears to arise because the Universal Credit claim form does not ask a claimant to provide the necessary information to determine if they are entitled to an additional bedroom. Instead a “to-do” is created behind the scenes and the claimant is subsequently asked a series of follow up questions to establish if they are entitled to an additional bedroom rate. 

 Law Centre NI is trying to establish why a claimant, who was not awarded an additional bedroom rate under Housing Benefit, is adjudged to be entitled under Universal Credit. 

We have corresponded with both Housing Benefit and Universal Credit and are scheduled to meet in early January 2026. The information and advice in this guide is based on the correspondence we have received to date and subject to amendment once the meeting takes place.   

Law Centre NI has some reason for concern that the questions which Universal Credit ask claimants migrating from Housing Benefit may be insufficient to determine if they are entitled to an additional bedroom. 

 It is our current understanding, based on correspondence from the Department for Communities, that Universal Credit ask if the requisite disability related benefits are in payment and if overnight care is required. As we will show below this could result in claimants receiving an additional bedroom rate that they are not entitled to and therefore enable them to seek a revision of the incorrect decision. 

 Paragraph 11 of Schedule 4 to the Universal Credit Regulations (Northern Ireland) 2016 provides: 

 Additional room  

 11.— (A1) A renter is entitled to an additional bedroom if one or more of the following persons satisfies the overnight care condition (see sub-paragraph (3))— 

11(3) A person satisfies| the overnight care condition if— 

1.  [they receive a requisite disability benefit]… 
2.  one or more persons who do not live in the renter’s accommodation are engaged to provide overnight care for the person and to stay overnight in the accommodation on a regular basis; and  
3.  overnight care is provided under arrangements entered into for that purpose.  

 This means that Universal Credit have to establish more than the current questions: if the relevant disability benefit is in payment and if overnight care is necessary. In addition to this, it is necessary to establish that overnight care is actually provided by a non-resident who is required to stay overnight on a regular basis under arrangements entered into for that purpose. 

 Case law3 has established that it is important to carefully establish the facts to determine if the above criteria is met. 

•  Is overnight care needed from a non-resident on the facts of the case? 
• Is the overnight care provided by a non-resident on a regular basis on the facts of the case? 

 Determining what is a regular basis, should be concerned with, is whether the need for care arises often and steadily enough to require a bedroom to be kept for the purpose.4  

Advisers should therefore carefully establish with clients, if the relevant person in the property legally requires an additional bedroom. If they do not, they should consider disputing the Universal Credit finding that an additional bedroom is necessary. 

If it is established that the claimant is not entitled to an additional bedroom they should be able to have their entitlement to a social sector size criteria welfare supplementary payment re-established and their transitional protection erosion reversed. 

If the incorrect decision was because of Universal Credit’s error there should be no time limit to seek an ‘anytime’ revision. 

 Claimants can seek a Mandatory Reconsideration and Appeal if they disagree with the Universal Credit decision. 

If it is established that the claimant is legally entitled to an additional bedroom under Universal Credit it may be possible to argue that the resultant financial loss is unlawful. 

 If the claimant is treated as under-occupying for housing benefit purposes and received a social sector size criteria welfare supplementary payment, then they can lose out financially when they migrate to Universal Credit if they are awarded an additional bedroom.  

Because they are no-longer under-occupying, they lose entitlement to the welfare supplementary payment. At the same time any additional housing costs awarded as a result of the additional bedroom will erode their transitional protection. As a result, they will not receive any benefit of the additional bedroom rate paid in their housing costs and they will lose the welfare supplementary payment. 

 In these circumstances it may be arguable that the application of the transitional protection erosion provisions unlawfully discriminates against disabled claimants by not treating them differently from non-disabled claimants.  

 In effect the application of Regulation 56(2) of the Universal Credit (Transitional Provisions) Regulations (NI) 2016 in these circumstances breaches Article 14 of the European Convention of Human Rights when read with Article 1 of the First Protocol and Article 8.  

 This would be a test case challenge with no guarantee of success but advisers may wish to assist claimants to lodge mandatory reconsiderations and appeals on this basis to protect claimants dispute rights. 

If a claimant (whose circumstances are unchanged) has moved from Housing Benefit where they are treated as under-occupying to Universal Credit where they are entitled to an additional bedroom, questions might arise about which benefit provider has applied the law incorrectly and why? 

 If Housing Benefit should have established previously on the available information that the claimant was entitled to an additional bedroom, and erred in not doing so, it may be possible to seek an anytime revision of this decision.  

 The Northern Ireland Housing Executive have informed Law Centre NI that it conducted an administrative review in January and February 2017 following test case decisions5 in relation to additional bedrooms and legislative amendment6 to establish if Housing Benefit claimants were entitled to an additional bedroom. A pack was issued to all affected customers in both NIHE and Housing Association properties. This consisted of a cover letter explaining the changes, Household details form to capture any changes and an information leaflet. 

 The Housing Executive have also outlined that different information is sought from claimants dependant on the reasons given for the additional bedroom: such as how often care is provided, who provides care, why the claimant and partner or children/non-dependant are unable to share etc. 

 If an adviser/claimant is concerned that Housing Benefit have made an incorrect decision in relation to their under-occupancy in the past they should consider requesting any relevant information from the Housing Benefit department while the file is still retained before destruction following closure. 

 If it can be shown that Housing Benefit have made a mistake in not awarding an additional bedroom it may be possible to seek an anytime revision and then subsequently seek a revision of the UC transitional protection element calculation.  

If a claimant is worse off following migration to Universal Credit because they have been awarded an additional bedroom they should consider: 

1.  Is the claimant not actually legally entitled to an additional bedroom and has Universal Credit made an error in making an award? 
2.  If the claimant is legally entitled to an additional bedroom following migration to Universal Credit: 
   •  Does the claimant wish to lodge a human rights based challenge of the legislation relating to erosion of the transitional protection element;  

• •  Did Housing Benefit previously err when determining that the claimant was not entitled to an additional bedroom rate, and if so, do they want to dispute this decision? 

 Template letters relating to each of the above potential disputes are provided in the appendices to this Guide. 

Are you or the person that requires an additional bedroom in receipt of any of the following benefits? 

• •  Attendance Allowance;  
  • DLA middle or highest rate care 
  • PIP daily living component 
  • Equivalent Scottish benefits if applicable 

Does the person in receipt of the above benefit require someone who is non-resident in the property to come and stay overnight to provide care? 

Has it been arranged that a non-resident comes to stay overnight for the purpose of providing care to this person? 

Does this actually happen? 

How often does this happen and is this so regular that you require an additional bedroom to enable them to do so? 

If the answer to any of the above questions is no, the claimant should consider seeking an anytime revision of the UC award of the additional bedroom. 

If you believe Housing Benefit has made an error in relation to the additional bedroom entitlement you may be able to seek an anytime revision of that decision. 

I wish to seek a mandatory reconsideration/appeal [delete as appropriate] against the decision that my transitional protection element should be eroded by the award of an additional bedroom rate in by housing costs. 

 I was awarded an additional bedroom rate because of the circumstances surrounding my/my partner’s/my child’s disability [delete as appropriate]. However this has resulted in my losing out financially because of the application of Regulation 56(2) of the Universal Credit (Transitional Provisions) Regulations (NI) 2016 to my case. 

 It is my argument that applying this regulation to the circumstances of my case, which involves the other status of disability, engages Thlimmenos discrimination in the failure to treat these circumstances differently from a case not involving disability. 

 It is determined that I am entitled to additional provision in the form of funding for an additional bedroom. This follows litigation in the Supreme Court which confirms the failure to provide support for an additional bedroom in these circumstances breaches Article 14 with A1P1. 

 I therefore argue that the application of Regulation 56(2) to my case, in a way which results in me losing out financially and takes no account of the disability, is a breach of Article 14 with A1P1 and Article 8. I therefore intend to pursue an appeal of your decision to erode my transitional protection element.

I would like to make a subject access data request in relation to my claim for Housing Benefit prior to my migration to Universal Credit. 

•  Please provide me with any information relevant to your determination that I was not entitled to an additional bedroom rate of Housing Benefit. 
• Please provide a copy of any forms or correspondence in which you invited me to provide the relevant information to determine if I am entitled to an additional bedroom. 
•  If separate from the above, please provide me with any information available to Housing Benefit to determine my additional bedroom entitlement. 
•  Please provide me with a copy of your determination relating to my additional bedroom entitlement. 
•  Please provide me with any evidence you retain which confirms you communicated this determination to me. 

Disclaimer

Although every effort is made to ensure the information in Law Centre publications is accurate, we cannot be held liable for any inaccuracies or their consequences. The information contained within this document should not be treated as a complete and authoritative statement of the law. Law Centre NI only operates within Northern Ireland and the information in this document describes the state of the law in Northern Ireland only. When reading Law Centre documents, please pay attention to their date of publication, as legislation may have changed since they were published.

© Law Centre NI 2025