Terms & Conditions

[jmembery]

Following CH/0423/2006 we held off taking any real action in the expectation of an appeal etc. When this didn’t happen I decided to do a straightforward review of all exempt accommodation claims with very high rents (£200 – £400 pw) to make certain we were doing things correctly as I was certain the Auditors were bound to pick up on all the fuss around this.

I wasn’t expecting there to be much impact as we only had 52 cases and the documentation we held on file when they first claimed showed that they should all probably fit the criteria.

I was very surprised at the results, however.

In all but 2 cases, the landlord had stopped providing care support, or supervision themselves (or having people provide it on their behalf), after the introduction of Supporting People, but had never informed us of the change.

Have other people found the same thing?

[Kevin D]

Rather than create a new thread, I’ve bumped this one up as the subject is the same.

In the new CPAG (19th Edition), [b:e956255e99]CH/0423/2006[/b:e956255e99] gets a brief mention on page [b:e956255e99]1057[/b:e956255e99]. Of particular interest is this part of the analysis:

[quote:e956255e99]”….if the care provider is not the landlord and instead has a contract with the local authority supporting people section to provide support, the accommodation will not normally be exempt”.[/quote:e956255e99]

Maybe I’m looking at it too narrowly (and not withstanding the use of the word “normally”), but this seems to lend support to the analysis in threads on forums that an important part of the set-up is who is [b:e956255e99]primarily[/b:e956255e99] responsible for care. In turn, it seems to be an increasingly weak argument for landlords to baldly state they continue to provide care etc, even though there is care being “officially” provided by a.n. other on behalf of the LA. However, it is highly likely that this argument will be decided at Cmmrs within the next 12 months. Whichever way it goes, at least everyone will then know where they stand.

Regards

[Author]

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