There are other threads on "exempt accommodation" on Rightsnet - a search should locate those threads.
"Exempt accommodation" means accommodation that is provided by:
- a Housing Association (whether or not a RSL); OR - a registered charity; OR - a voluntary organisation (i.e. not for profit)
AND where
care, or support, or supervision (CSS) is provided by EITHER the landlord itself, or by a person on behalf of the L/L.
Note that if the L/L is not one of the type set out above, a claim cannot be "exempt accommodation", irrespective of the arrangements for CSS.
Further, if the L/L is one of the type set out above, but CSS is provided by, or on behalf of a.n. other, again it cannot be exempt accommodation.
In other words, BOTH the L/L AND CSS criteria have to be satisfied.
CSS does not have to be "24 hours". But, it must be more than minimal and must be provided as a fact - not merely a tick-box or paper exercise. One CD suggests that as little as 3 hours *may* be sufficient, but that was not firmly decided one way or the other.
If a claim does not fall within the exempt accommodation exception, then either LHA or rent officer figures will apply.
Don't be at all surprised if LAs undertake detailed investigations to confirm that what they are being told reflects the reality of what it happening on the ground. Unfortunately, there have been too many cases where the information given to LAs has been less than "accurate".
|