Care leaver

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  • #34654
    Dawnr
    Participant

    Hi,

    We have an 18 yr old care leaver who is still resident within her foster placement and has now been granted a licence at £160 pw to stay there.

    As a care leaver she has the protection of not being treated as a young individual until she’s 22 but am I right in thinking that this age protection only gives her the one bedroom LHA rate if she was renting a one bed flat by herself?

    As she’s renting a room in a house, should she get the SRR, regardless? I;ve been looking through the CPAG book and I can’t seem to marry the regs together. What should I be looking for?

    Any help would be greatly appreciated as if my thinkings right, I know they will appeal and I want to get the regs right beforehand.

    Thanks,

    #97413
    Anonymous
    Guest

    I am not surprised that you are struggling with the Regs, because they do not make any clear provision for a claimant in this situation.

    By default, I think you apply the size criteria in Reg 13D(3) and calculate a one-bed LHA. This is my reasoning:

    – The shared accommodation rate does not apply because the claimant is a young care leaver – Reg 13D(2)(a)(ii). This is the case even if the claimant actually lives in shared or otherwise non-self-contained accommodation: being a care leaver simply disapplies the shared accommodation rate completely.

    – The one-bedroom rate does not apply under Reg 13D(2)(b), because the claimant does not have self-contaiend accommodation.

    So you are left with Reg 13D(2)(c) and (3): the size criteria. A single person who is not a child gets one bedroom.

    P.S. should have added – if she gets meals, this will be an LRR case. Again being a care leaver exempts her from the SRR, but this time because she is in non-self-contained accommodation the LRR will not be much different from the SRR.

    Doesn’t really seem logical does it: charge £150 basic rent, get the one-bed LHA; throw in meals for no extra charge, get a restricted shared accommodation rate of LRR.

    #97414
    Dawnr
    Participant

    Thanks for the speedy response.

    I have asked the assessment officer to write to the clmt regarding meals, just in case.

    We had one with a similar set up but meals were included. Rent charge was £180 pw, ROD came back at £90. Big difference! I have a feeling meals are being included, but whether they advise us of that is another matter.

    Thanks again.

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