[2023] UKUT 176 (AAC)

The Appellant and his wife live with their adult daughter, P, in a three bedroom house. The Appellant and his wife occupy one bedroom, P occupies another and the third is generally not occupied.

P (who was 22 years old at the relevant time) suffered from heart problems and was in receipt of the daily living and mobility components of personal independence payment. Her mother was her carer.

The Appellant and his wife claimed universal credit. Pursuant to the Universal Credit Regulations 2013 they were entitled to the housing costs element for two bedrooms unless they satisfied the additional room condition in paragraph 12(A1) of Schedule 4 to those Regulations. They claimed that P satisfied the overnight care condition because her mother sometimes required a break from caring which was provided by family or friends and that they stayed in the third bedroom on those occasions.