Person’s requiring overnight care – No SDP – U35 changes query

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    Andreas
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    Being a bit cheeky… posted this on the LHA forum but thought I may get a response here 0:)

    I would like some advice on the following… is this correct in respect of those who do not qualify for an SDP, have no child or non-dep?

    A person requiring overnight care who is exempt from the definition of a young individual or is 35+ is not restricted to the SAR when they do not qualify for an extra room as long as they live in self-contained accommodation (because reg 13(2)(b)(ii) applies?).

    A person requiring overnight care who is exempt from the definition of a ‘young indivdual’ or is 35+ is not restricted to the SAR when they do qualify for an extra room even though they live in shared accommodation (because reg 13(2)(c) applies?).

    What happens to a person requiring overnight care who is exempt from the definition of a ‘young individual’ or is 35+ who does not qualify for an extra room and lives in shared accommodation? Does reg 13(2)(a)(ii) apply instead so that they are restricted to the SAR regardless of their age?

    Is there a difference for those under 35 and those 35+? Does another reg apply? If so which one and why?

    I’m hoping this can’t be right… it’s been a long day/week/month so I am probably missing something very obvious 🙁

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