Reply To: Commissioned provider replaced by relative

#286822
Peter Barker
Keymaster

The legal test is:

“accommodation—

(a) which is provided by a relevant body;
(b) into which the claimant has been admitted in order to meet a need for care, support or supervision; and
(c) where the claimant receives care, support or supervision.”

On a literal interpretation, that is satisfied. The claimant was first admitted into the accommodation to meet a need for care, support or supervision; and he still receives care, support or supervision now, just not from the original care provider.

It could be argued, however, that the definition implies that the CSS referred to in (b) is the same CSS the claimant is receiving now in (c), and living in the current accommodation in some way enhances or facilitates the provision of that CSS (eg by a team of staff who work with other clients at the same location).