No longer a Care Home

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    We have received 3 claims for a property that used to be registered as a care home. The 3 tenants have been in the property (care home) for several years. It appears that the landlords have voluntarily cancelled the registration as a care home and subsequently issued the claimants with 6 month shorthold tenancy agreements.

    The claimants all require 24/7 care and support. They were referred to the landlord/care provider (same organisation) by Social Services.

    My first thoughts are that this has be done to take advantage of the HB scheme.

    What questions do you think I should be asking?


    If you search for posts by Fred Grand, whose username is fbgrand, you will find some very insightful background on deregistration. Fred is a commissioning officer in the learning disabilities team at Durham Council and knows what he is talking about.

    The overwhelming reason for deregistration is because it is a much better deal for the clients in all sorts of ways. One obvious and transparent reason is that the client retains a much higher amount of disposable income as a tenant than s/he does if subjected to a care home means test. While DLA is accounted for as income in the assessment of the home care charge, the claimant retains a full regular applicable amount including any premiums that spin off DLA, whereas in a care home they only get to keep about £22.

    That’s just for starters. As I say, have a read of some of Fred’s posts.


    There are lots of reasons why a care home might be deregistered including cost. I am struggling to think of any way you could justify not paying HB and frankly I dont think you will be able to unless there are very exceptional circumstances. For one thing, the claimants almost certainly will be innocent parties.

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