Supported and Exempt Accommodation

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  • #45801
    Tori44
    Participant

    Hi,

     

    Does anybody have a definition of what supported accommodation is and a definition of what an exempt property is please? or where to find one and what regs they come under.

     

    thank you for any help.

    #128954
    David Southam
    Participant

    Accommodation provided by a housing association (whether registered or not), a registered charity, a non-profit-making voluntary organisation or a non-metropolitan county council is exempt accommodation if ‘that body or a person acting on its behalf also provides the claimant with care, support and supervision’.

    A dwelling is also exempt accommodation if it is a resettlement place for which the provider previously received grant funding from the DWP under section 30 of the Jobseeker Act 1995 (sometimes referred to as resettlement grant).

    If you want tog et more in-depth:

    For Care, Support or Supervision (CSS) to be classed as being provided ‘on behalf of’ the landlord, there must be ‘a sense of agency between [CSS provider and the landlord], or to put it another way, a contract, or something akin to it.’ An arrangement that is merely a joint venture is not enough; nor is it enough that there is a contract between the CSS provider and a third party, e.g. social services.

    The CSS must be available in reality to the tenant, and there must be a real prospect that they will find the service of use.

    There must be a degree of continuity in the provision of the support. For example, help with gaining exemption from council tax due to severe mental impairment is more like a setting up cost and is not enough.

    Support is in general more than ordinary housing management, and carrying out repairs and maintenance do not generally amount to support. If, however, the tenancy agreement ‘imposes unusually onerous repairing and maintenance obligations on the landlord’, this can amount to support, as can the fact that a claimant’s disabilities impose a ‘materially greater burden on the landlord’.

    The CSS must be more than minimal. In certain cases, an average of ten minutes per tenant per week was deemed not to be enough. In another case, three hours per tenant per week was deemed to be enough. In borderline cases, the facts would have to be considered in full. Just helping with HB claims and reviews, and carrying out safety and security inspections, has been deemed not enough.

    Hope this helps.

    #128956
    Tori44
    Participant

    Thank you, thats great.

    #129349
    BParks
    Participant

    Does anyone know if the care has to be commissioned by a professional, i.e. not by the RSL, before exempt accommodation can be considered?

    #129351
    mattk
    Participant

    Anyone think they’ll have all of their ‘exempt accommodation’ identified by SHBE for 31/3/13 DWP deadline!! 🙂

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