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Under occupancy entitlement

Skysummer

Hi,

Can anyone please tell me if this is the most up to date regulation as it’s dated 2011?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/632052/a3-2011.pdf

This is the part I am interested to see if it’s still the same?

Definition of a ‘person who requires overnight care’

7 The amendment to Regulation 2 defines a ‘person who requires overnight care’ as someone who

 receives Attendance Allowance (AA), or

 receives the middle or highest rate care component of Disability Living

Allowance (DLA), or

 if they do not receive either of the above, has provided the local authority (LA) with sufficient evidence to show that this type of care is required

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Comments

calcotti

You've completely missed out the following qualifying paragraph in that memo - which is the more important one

8 In addition, the customer or partner, will only meet the definition if the LA is satisfied that the customer or partner, (‘P’ in the amendment regulations)
‘reasonably requires, and has in fact arranged, that one or more people who do not occupy as their home the dwelling to which the claim or award for housing benefit relates should
i be engaged in providing overnight care for P;
ii regularly stay overnight at the dwelling for that purpose; and
iii be provided with the use of a bedroom in that dwelling additional to those used by the persons who occupy the dwelling as their home.’

Skysummer

calcotti said:

You've completely missed out the following qualifying paragraph in that memo - which is the more important one
8 In addition, the customer or partner, will only meet the definition if the LA is satisfied that the customer or partner, (‘P’ in the amendment regulations)
‘reasonably requires, and has in fact arranged, that one or more people who do not occupy as their home the dwelling to which the claim or award for housing benefit relates should
i be engaged in providing overnight care for P;
ii regularly stay overnight at the dwelling for that purpose; and
iii be provided with the use of a bedroom in that dwelling additional to those used by the persons who occupy the dwelling as their home.’
See also https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/324708/lha-guidance-manual.pdf, See page 27

This doesn’t apply to me, it’s the bit I posted, thank you

L_Volunteer

Hope someone can support you with this @Skysummer. Unfortunately, it's not my area of expertise.

In the meantime, I am here to listen if you would like to talk things through further with us. We are all here for you and collectively we'll hopefully be able to help