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T clarify point 2 above...
Funding is in place for a family to provide accommodation and support to a severely disabled person. The family lives in rented accommodation and claim Housing Benefit & Council Tax Benefit. I’m trying to establish how the LA payments will be treated by the HB/CTB section.
I believe that the placement should be deemed to be temporary, but if it is deemed to be permanent no HB or CTB will be payable.
The agreement with the LA includes the condition that the family will provide accommodation to any user. The family are providers of services under specific legislation and although there is no specific period stated within the agreement between the Local Authority and the ‘providers’, the contract has been purposely designed to be flexible to enable future service users to make use of the services being offered by the family.
If it is treated as a temporary placement, a payment can be disregarded if it is made by a local authority to the claimant or his partner for a person who is not normally a member of the claimant’s household but is temporarily in his care.
(See - paragraph 25, Schedule 4, Housing Benefit (General) Regulations 1987: paragraph 26, Schedule 4, Council Tax Benefit (General) Regulations 1992).
Paragraph 25 is part of a policy of allowing those claiming income-related benefits to receive sums of income for providing accommodation, supervision or care without any if it being offset against income related benefits. They provide incentives to the providers, allowing them to make a personal gain from helping individuals and public authorities in this way.
The disabled person has no other address, but I don’t feel that this should prevent his stay as being classed as ‘temporary’.
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