LHA Room Allowance – exceptions?

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  • #34562
    mikeh
    Participant

    I have a case where a claimant is severely disabled and receives 24 hour care. As such, the claimant requires an additional room for a carer to stay overnight.
    As a single clamant over 25 years he is allowed the one-room rate.
    Are there any exceptions to the the room allowance to meet this claimant’s circumstances and allow him two rooms?

    #97170
    Anonymous
    Guest

    Is it one carer that stays with the person or is a different number of carers working on shift patterns from week-to-week??

    Previous examples of this have drawn the same conclusion, use of DHP fund to cover extra room costs as the regs do not allow it if the carer is different over a period of time.

    #97171
    Anonymous
    Guest

    I have been advised there is an appeal on a similar case due on 29/06/09

    CH/4018/2007

    #97172
    mikeh
    Participant

    the care is provided by an agency, so various, not permanently resident, carers are involved

    #97173
    Julian Hobson
    Participant

    You might want to look at this too. It isn’t LHA but it makes interesting reading.

    http://www.osscsc.gov.uk/judgmentfiles/j2634/CH%201615%202008-00.doc

    #97174
    jmembery
    Participant

    Although that case was interesting, I don’t think it is overly relevant here.

    The fact that the charge for the 2nd room constitutes “rent” does not appear to be at issue. The point of appeal appears to be whether the size criteria for LHA (or for the Rent Officer arrangements for that matter) are flexible enougth to allow a 2nd room in appropriate cases.

    #97175
    mikeh
    Participant

    could anyone help with a link to the above-mentioned CH/4018/2007? Having trouble finding it

    #97176
    Anonymous
    Guest

    Details hafve not been published yet, there is an oral hearing on 29/06/09.

    I got the details from

    Reply To: NHS Bursary (degree student) + Loan

    and checked with the Commissioners office re hearing.

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