Rent and housing costs when a young person lives at home

Why might it be of interest?

The default position has always been that a family cannot charge their disabled young person living at home any rent or ask for a contribution towards household costs.  Well, they can but the charge wouldn’t be taken into account by adult social care when determining a young person’s contribution towards their care package.

I have written up this document and linked to the DSA’s information as it was in a recent newsletter.  But this topic has come up a couple of times recently in other information I have read and at a webinar I attended.  And it appears that local authorities who will not consider an allowance for rent and contribution towards household charges are in the wrong.

These 2 links take you to information pages on the DSA website.  There is case law where the LA has lost the case to ignore rent/household costs; apply a blanket policy (ie the council doesn’t allow household costs); limit the amount of DRE taken into account.  This is the second link:  https://www.downs-syndrome.org.uk/wp-content/uploads/2024/08/DRE-issues-briefing.pdf

Another link to help you claim disability related expenses (DRE) is the Inclusion London app:  https://www.inclusionlondon.org.uk/chat-bot/.  This app can help you work out what of your expenditure is disability related – ie you would not have these costs if you did not have your disability – and then to write the letter to support your claim.

It might still be an uphill battle to get these expenses taken into account before the LA calculates how much of a contribution your young person needs to make towards their care package.  Sadly, it is entirely legal for local authorities to ask for the contribution and you have to make it to receive the social care package.

Rent and household contributions

It has always been assumed by most parents that when a young person lives at home any contribution they make towards household expenses will not be taken into account by the LA when calculating the young person’s contribution towards their care package.

And it would appear that is wrong!

When a young person lives at home if they are genuinely making a contribution towards household expenses – ie rent, other costs – then these contributions should be taken into account when calculating the contribution towards the care package.

However, the key word here is genuinely – it is not a notional amount – there must be evidence of the young person making the contribution; that the contribution is linked to their disability (home life is supporting independence / providing stability); that it is a consistent arrangement.

So, bank account records where the money leaves their account on a weekly or monthly basis and is paid to your bank account would be evidence.

Having some kind of written agreement in place is not essential but won’t hurt.  A tenancy agreement is probably a step too far so something simpler like a lodger agreement would work.  There’s an example at the end of the first link.

There are further articles about DRE and the minimum income guarantee on the information hub.