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Hi Claire,
I posted the following message on another forum regarding the commissioners ruling, the response to date is as follows.
(My Post)
I would welcome comments on the following post taken from WWW.guide2care.com/advice/display.php.I have heard that authorities in various parts of the country are reviewing rents for people in supported accommodation because of the following ruling. It could have a far reaching effect on many vulnerable people, forcing them back into institutions.
Dear Sir
I thought that you would like to know (lest you were not aware already) that there has been a recent far reaching judgment by the Social Security Commissioner affecting regulation 10(6) of the 1995 Housing Benefit Regulations. Although judgment is looks to be disastrous for many vulnerable people (as it has been for the three learning disabled people involved in this particular case) I have not seen this reported anywhere in the housing press. I can only conclude that it has been buried by government.
The effect of the decision could herald a meltdown of supported living services provided by charities, housing associations and non-metropolitan councils. This may mean many people with disabilities currently in supported living arrangements losing their homes and becoming homeless.
Previously, such charities, housing associations and councils were allowed to charge more than the reference rent set by the rent officer. Now they will only be able to do so if they provide all of the care, supervision and support. This, in turn, could lead to such premises involved becoming registrable as care homes by CSCI.
The ‘Sheffield case’ involved Rivendell Lake Housing Association Limited, Community First, and Supported Living Ltd. The house involved had three tenants with learning disabilities. Each had a contractual rent of £238.92 per week. Following the Commissioner’s decision, housing benefit could only be based upon the local reference rent of £45.00 per week. This represents a difference of around £10,083 per annum for each tenant, or over £30,200 for the house as a whole. Now, thousands of vulnerable people over the country face the prospect of similar treatment.
I have seen no comment from those whom you would expect to have a view about these matter, including the Department of Work and Pensions, the Office of the Deputy Prime Minister, the Department for Communities and Local Government, The Housing Corporation, the National Housing Federation, CSCI, the Local Government Association, and individual County Councils (who fact the prospect of paying out more money) or District Councils (who are obliged by the law not to overpay benefits and so stop such benefit in similar cases). Furthermore, I have seen no comment from Rivendell Housing Association, Community First, nor Supported Living Ltd. Nor have I seen reaction from non-governmental bodies such as Mencap, the Association of Supported Living, the National Care Association, or the Disability Alliance (who are probably the real experts in benefits outside of government for people with disabilities in benefits– they publish the Disability Rights Handbook on benefits, of course). One wonders how many of these latter organisations know about the decision.
Below is a Learning Disabilities Forum posting, together with a link to the full decision of the Social Security Commissioner, which first alerted me to this situation and may be useful to you should you pursue this further.
I believe that people have the right to know about this matter and the likely impending disaster to many vulnerable people. That is why I have written to you. Thank you for reading my comments.
Yours sincerely,
Chris Brown
Chris Brown -- August 7th, 2006
also
I work for Rivendell LHA and have been involved in the Sheffield case and on to Commissioners from day 1. The implications are as dire as Alex/Chris Brown report. We have done a lot to try and publicise this case via arc, asl, mp's ministers,disability depts, Nat housing fed etc.We have been affected more than most because we are named in the commissioners report, and v shortly we will be having to take repossession on at least 5 houses. This is obv the last thing we want to see happen, but one authority has instructed us to go all the way through to eviction so the tenants are then classed as homeless and have to be re-housed. We are talking about some of this countries most vulnerable citizens. After all the person centred work we carried out to ensure the properties were correct...has it come to this? Through the NHF we are aware of many instances where HB dept are restricting the rents to tenants in supported accommodation. All HB depts have been told in the light of the commissioners report to review their supported accommodation to people with a learning disabilty. Some have decided to do nothing understanding the massive impact it would have on vulnerable tenants whilst others are making a blanket application with seemingly no thought of what will then follow.Everyone who reads this and similar must help bring this to the attention of a wider audience.
AJL
tony leatherbarrow
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