Re: Shaun's s117 query, I think the first thing to do is to establish the scope of the services provided under the aftercare package.
Aftercare can include many things, from specialist counselling to secure accommodation. If a particular Aftercare Plan includes a named address at which the range of social care services will be provided, you wouldn't expect to find a liability to pay rent (applying the principle that the ex-patient shouldn't be charged for anything in their aftercare plan).
In my experieince within the supported housing sector, most aftercare plans (such as they ever exist!!) will specify a range of social care services as opposed to particular accommodation. As long as the accommodation is not a registered care home, a hospital/nursing home, or 'certain accommodation' (costs borne from public funds under a relevant enactment of disability, of which the Mental Health Act is one (see R(DLA) 6/04), then benefits should be payable as in any domiciliary care scenario. DLA Regs 9(6)(a) determines payability in a person's own home. Rental liability in a private dwelling should permit HB.
The only question that nags me a bit is whether or not it could be argued that services and accommodation in many supported housing schemes are inextricably linked, and in most cases receiving the services will be a condition of tenancy. Shouldn't the statutory duty to pay for Aftercare services under s117 cover both accommodation and linked care/support (rendering the tenancy contrived)?
Perhaps we need a test case, but almost certainly NOT the one that started off this thread!!
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