Terms & Conditions

[jerikaz]

This query from one of my staff has been bugging me all night! Sad I know but hey!

Claimant is in a residential home and social services decide to find her and another vulnerable person a joint tenancy in a property and put together a care package which involves a carer living with them 24/7. However this package cannot be put together until after the tenancy is taken on.
So the claimant cannot move in until this is done. Now then can the putting together of the care package be described as “adaptation of the home to meet the disablement needs”. Not in the physical sense of course!

We are trying our best to help this claimant otherwise she will be left with rent to pay before she moves in. On the other hand should social services be footing the bill ?

[Anonymous]

Sounds like you are trying to make Reg 7(8)(c)(i) apply, but there is no need because Reg 7(8)(c)(iii) applies instead. You can HB before moving in if your tenancy starts while you are in a care home.

[jerikaz]

Sorry about this folks but have just found out that she was not in residential accommodation but living with a carer previously(not claiming HB) so the query on the “adaptation for disablement needs” still applies.

Thanks

[Kevin D]

Jerikaz:

The crux is whether or not the clmt has dual [b:42bcc56d56]liability[/b:42bcc56d56]; distinguished from HB on two homes.

If the clmt only has a liability on the “new” home, you still have the options of waiting for Social Fund and adaptations for disablement needs.

If there is liability on both the old and new homes, then it’s down to adaptations. Adaptations must be to the dwelling. In my view, putting together a care package will not come close to counting as adaptations. It has become clear from CDs that, in the context of [b:42bcc56d56]HBR 7(6)(e) & HBR 7(8 )(c)(i)[/b:42bcc56d56], adaptations must be to the fabric or structure of the dwelling. The following CDs follow that line:

[b:42bcc56d56]CH/3458/2004 (p8 )
CH/3857/2004 (p9)
CH/1363/2006 (p7)
CSH/0149/2006 (p7)
CSH/0150/2006 (p11)[/b:42bcc56d56]

If, for example, handrails are being installed (so long as this is for a DISABLEMENT NEED), that may well be enough. But, the delay must be for that reason.

Hope the above helps.

[jerikaz]

Thanks very much Peter & Kevin – I thought that we were trying to stretch the interpretation too far.

[Author]

Posts