Thu 10-Sep-09 11:32 AM by Kevin D
This is one of those issues where it's easier to sort out than it first seems.
Fortunately, I have the advantage of knowing a little about Housing 21's extra-care set up and so have a degree of understanding of what is being argued.
Firstly, it is imperative to understand the meaning of "services" for HB purposes. In HBR 12(7) (i.e. the SAVED version for exempt accommodation), "services" is stated as meaning:
"....services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling."
This may surprise other posters, but my view on the specific issue of the "sleep-over" in H21s extra-care schemes is that the related accommodation cost does not consitute a "service" AS DEFINED BY HBR 12(7). It is not a service performed, nor a facility provided, for the occupier of a dwelling (the occupier being the claimant; dwelling being the one occupied by the clmt). The flat is merely a consequence of what the landlord offers and the related cost is too far removed to count as being a "service" for HB purposes. In short, the flat cost for the carer(s) is simply a landlord overhead and counts as rent.
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