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Top Housing Benefit & Council Tax Benefit topic #4254

Subject: "Care Home Funding & HB overlap?" First topic | Last topic
Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

Care Home Funding & HB overlap?
Thu 30-Nov-06 11:46 AM

Hello all

Resident who has been staying in a care home, fully funded by Social Services. Resident decided they wanted to move into own tenancy. Signed for new tenancy starting 20/11, but did not actually move in til 27/11. Subsequently succumbed to chaotic drinking (as a result of change/pressure of move etc). Will probably be advised to move back to care home for health reasons.

Question is, can HB be awarded from 20/11 til end of notice period on tenancy and still get Social Services funding throughout? How do the different funding streams interact?

I know there are HB rules around trial periods in a Care Home, but this case is turned on its head - it is a trial period in a tenancy. This is all new ground for me!

Thanks all

  

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Replies to this topic
RE: Care Home Funding & HB overlap?, Kevin D, 30th Nov 2006, #1
RE: Care Home Funding & HB overlap?, Lostdog, 30th Nov 2006, #2
      RE: Care Home Funding & HB overlap?, Kevin D, 01st Dec 2006, #3
           RE: Care Home Funding & HB overlap?, Lostdog, 01st Dec 2006, #4
                RE: Care Home Funding & HB overlap?, Kevin D, 01st Dec 2006, #5
                     RE: Care Home Funding & HB overlap?, Lostdog, 04th Dec 2006, #6

Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Care Home Funding & HB overlap?
Thu 30-Nov-06 12:31 PM

Can't answer for Social Services. But here's the HB position.

If the clmt is liable to make payments on BOTH homes, then the only way she can get overlapping HB in respect of the "new" home is if the delay in moving was due to adaptations being made for disablement needs <HBR 7(6)(e)>. Carpeting / decoration doesn't count.

If the clmt is only liable to make payment for ONE home (the new home), then HB is only payable for period prior to the move if HBR 7(8) is satisfied.

I'm not aware of any Social Services interaction that would necessarily affect the application of the above HB regs. But, if I'm wrong on that, someone is bound to point it out.



  

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Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

RE: Care Home Funding &amp; HB overlap?
Thu 30-Nov-06 01:03 PM

Thanks Kevin.

Regarding start date of HB claim, one of the possibilities is if 'the claimant is moving out of hospital or a local council old people's home or similar local council accommodation'.

Is care home counted as this type of accommodation?

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Care Home Funding &amp; HB overlap?
Fri 01-Dec-06 08:32 AM

Excuse my lack of brainpower this morning, but I'm not quite sure what you mean, Lostdog. Any chance of a bit of clarification? Thanks.

  

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Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

RE: Care Home Funding &amp; HB overlap?
Fri 01-Dec-06 02:42 PM

Sorry Kevin - I wasn't very clear.

The client is moving out of a care home into a tenancy. Was just wanting to clarify that he could claim HB in advance for the new tenancy for up to 28 days before moving in due to the fact he is moving out of a care home. I think this is HBR 7(8)(c)(iii).

Thanks

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: Care Home Funding &amp; HB overlap?
Fri 01-Dec-06 03:51 PM

Does this help?

HBR 7(18) contains some definitions, including:

-----------------------------
"residential accommodation" means accommodation which is provided in—
(a) a care home;
(b) an independent hospital;
(c) an Abbeyfield Home; or
(d) an establishment managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority;
------------------------------

  

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Lostdog
                              

Rents Team, Framework Housing Association, Nottingham
Member since
19th Jul 2005

RE: Care Home Funding &amp; HB overlap?
Mon 04-Dec-06 10:51 AM

That's exactly what I need - thanks Kevin.

  

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