final report draft v2 appendices

8/9/2019 Final Report Draft V2 Appendices

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The Development of a Supported Living Model

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Appendices

A1: The residential care model and its

relevance

Pages 2 to 4

A2: Supported Living Pages 5 to 6

A3: Housing Services Page 7

A4: Support Provider Page 8

A5: Providing Housing and Support

separately

Pages 9 to 11

A6: Renting Privately Pages 12 to 13A7: Specialist Buy to Let, New Build and

Refurbishment

Pages 14 to 16

A8: Family Investment Pages 17 to 23

A9: Getting Housing and Support

together (Accommodation Based

Services)

Pages 24 to 25

A10: Shared Lives and Supported

Lodgings

Pages 26 to 28

A11: Support Tenants Pages 29 to 32

A12: Community Support Networks Pages 33 to 41


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Appendix A1

The residential care model and its relevance

Residential care refers to long-term care given to people who live in a residential setting

rather than in their own home or their family home. The Care Standards Act 2000 describes

residential care as an establishment that provides accommodation and personal care.

Personal care is defined as “assistance with bodily functions such as feeding, bathing,

toileting” .

In residential care, the accommodation, care and support needs of an individual are

provided by the same provider as one single service and package of care.

Care homes are registered with the Care Quality Commission (CQC) and can be owned and

managed by public, private sector or charitable bodies. Some will specialise in particularforms of provision, for example for people on the autistic spectrum or those with a sensory

impairment in conjunction with a learning disability.

If someone is living in a residential care setting, they are living there as a ‘licensee’. This

means that the owner or managing agent of the Care Home has free access to all areas of

the property and (in theory) could ask the occupier to leave at any point, although this rarely

happens.

How it works: If people are eligible for a state-funded residential care placement, this will be

funded through the local authority or health authority (e.g. Clinical Commissioning Group

(CCG)), although many people will be expected to pay something towards the cost – see thesection below for more.

There are assessments that determine if a local authority or CCG have a legal duty to provide

care and support services for someone. Local authority community care assessments look at

what social / community care needs someone has. In some cases, for individuals who are

not in hospital but have complex ongoing healthcare needs, the funding may come from the

NHS through something called ‘NHS continuing healthcare’ or fully funded care.

What the care home will provide: The service provider of the residential care home will be

commissioned to provide a full package of support, including housing, care and support. This

could include all, some, or of the following services depending on what the care home isable to provide:

Accommodation – i.e. the core costs of the property, as well as repairs and

maintenance.

Housing management – this includes things like building insurance and

management costs.


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Care and Support, this can include:

o General social care – things like assistance with daily tasks and help to get

out and about and access the community

o Housing related support – this can include things like support with money

matters and personal administration or support to use household

equipment

o Health care – for example, support with any health care need that has been

identified by primary health care consultation

o Personal care - things like physical and intimate personal care

o

Personal services – things like food, transport, TV license.

Daily living costs and welfare benefits in residential care: Individuals living in residential care

are generally required to contribute from any money they have to help meet the costs of

their package of care.

Care services from a local authority are usually means-tested, so if the person is eligible for

local authority care, their finances will be assessed. Depending on their income (including

benefits) and capital (including savings), they may need to pay towards their care costs.

However:

DLA / PIP Mobility components are fully disregarded within the residential caremeans test because they are not related to the provision of personal care and

support;

Individuals must be left with a minimum amount of money called the personal

expenses allowance (currently £23.90 per week). This is intended to cover items like;

Clothing, Personal items, Entertainment outside the Care Home and Transport if /

where it is not provided by the Care Home

For many people with a learning disability, their only or main source of income is through

their benefits. In reality many people in residential care will be left with an income made up

of their DLA / PIP mobility component and the personal expenses allowance, with the rest oftheir benefits going towards the cost of their package of care.

Relevance in current market : The residential care model itself places restrictions on an

individual’s ability to choose who they live with and who cares for them, even if the

residential care is of high quality. This restriction in practice however, may not differ greatly

from supported housing. In residential care, the restricted income has a major impact on a

person’s income, ability to control their money and lead an ordinary life. This reason alone

means that the residential care model has become less desirable for people with disabilities

and in wider policy.

Personal budget use for Residential Care services: People who are eligible for social carefunding should be offered a personal budget, including a direct payment. This means


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knowing how much they will have to spend and being able to plan and choose how they

spend it. Direct payments mean having the money to spend directly. Everyone who has a

personal budget will have a support plan that reflects their own choices about care and

support.

Can a personal budget be used in residential care? At the moment, in theory, an individual

can spend their personal budget on any local service that person and the council agree will

make your life better, provided it is legal and available. Personal budgets cannot yet be

spent on residential care or nursing homes.

Until the guidance and regulations are final we at present have no further information to

support the possible use of personal budgets for residential care.

However, from 2013, every council is expected to:

Offer personal budgets to all older people who are eligible to receive council-fundedsupport services;

Personal budgets can be used to pay for care at home rather than residential care


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In this model, the Commissioner funds the care and support. This may be commissioned and

paid for by a Local Authority or a Health Authority (e.g. the CCG).

The Housing Provider provides the housing, unless the property is owned outright. If theproperty is rented the tenant will pay this privately or, if they are eligible (see factsheet 1),

may claim Housing Benefit to help with the rental costs.

If the occupier needs personal care services, the provider of the services must be registered

with the Care Quality Commission as a domiciliary care provider. For more details about this

look here:

http://www.cqc.org.uk/content/services-your-home

http://www.cqc.org.uk/content/services-your-homehttp://www.cqc.org.uk/content/services-your-homehttp://www.cqc.org.uk/content/services-your-home


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Appendix A3 Housing Services

Housing services include:

Property Rent – this includes things like your core rent costs (i.e. the costs of the

‘bricks and mortar’) and repairs and maintenance.

Housing Management – this includes things like building insurance and

management costs.

Service charges – this includes things like the provision and servicing of communal

area furniture and fire safety equipment, as well as thing like communal heating and

lighting.

If you are renting your property you may be able to claim Housing Benefit to pay for these

costs.

(The Regulatory Reform Fire Order 2005 covers Fire Safety legislation in your own home

when you receive support. In broad terms this means that there are no prescriptive fire

safety procedures as such, but a “responsible person” needs to carry out a risk assessment

and recommend measures appropriate to the level of risk related to the specific property

and the specific occupier/s. If the occupier themselves are unable to carry out this

assessment, it is likely that any support provider that may be in place will be best placed to

carry out the assessment and make recommendations to the housing provider/owner. Ifthere is no support provider it will likely be the housing provider)


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Appendix A4 Support Provider

The support provider provides care and / or support, funded privately (by the individual) or

publicly by a Local or Health Authority, subject to local eligibility and charging procedures. If

it is funded publicly the payment may be directly to the individual as a personal budget. If

that is not possible, or the individual opts not to take the personal budget, the

commissioning body will contract directly with the support provider.

Care and Support services funded privately or publicly can include:

General Social Care – this can include things like assistance with daily living tasks

(e.g. preparation of meals) and getting out and about.

Housing Related Support – this can include things like support with money matters

and personal administration or support to use household equipment.

Health Care – for example, support with any health care need that has been

identified by primary health care consultation.

Personal Care (Regulated by Care Quality Commission) – things like physical and

intimate personal care.

(Payment for staff expenses such as transport, staff meals, entertainment can vary according

to commissioning and/or support provider policies)


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Appendix A5: Providing Housing and Support separately

Renting Social Housing

What this option is

Renting an ordinary house from a local authority or housing association is an increasingly

common choice. If necessary the property can be adapted if it is not already suitable.

Housing let by councils or housing associations is known as “social housing”. Housing

associations are also called “Registered Providers”. Registration, in this case, means with the

Tenant Services Authority.

Much local authority housing is on large estates while housing associations tend to have

more small estates or ordinary street properties that have been refurbished or converted.

Quite a lot of councils have transferred their properties to local housing associations. This is

called Large Scale Voluntary Transfer (LSVT).

Properties can be let to one person or two or three people may share a property either as

joint tenants or possibly with each having their own tenancy. Some …, do not encourage

sharing of ordinary, “general needs” housing Support and care can be provided to disabled

people in their own home so this is a common route to independent supported living.

How to access

Local housing authorities are now required to operate what is called “choice based lettings”.

In most areas local authorities and housing associations have put their waiting lists together

so there is a “common waiting list”. You Rental series – number 4 obtain social housing by

joining this waiting list. This is done by filling in a form about your circumstances and what

you need which you get from the local housing authority. This puts you on a register.

Choice based lettings work like this:

The applicant is placed in a band according to the urgency and need to move. There

are usually 3 or 4 bands – A, B, C and D. Those in Band A are often statutory

homeless and get highest priority

Medical or social care needs tend to put people with a learning disability in Band A

or B and thus get high priority. It is important to fill these parts of the application

form in thoroughly. There may be scope for adding in additional reports or

supporting letters

Properties are advertised as they become available each week. This may be on the

authority’s website and a newsletter. There may also be a folder or display in the

council offices

People on the housing register bid for properties that are suitable and in the right

area or that they like


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The highest priority bidders (perhaps 3 or 4) are invited to view the property

The successful person is the one who says they want the property and has been

waiting longest

People with learning disabilities may need help:

Filling in forms

Pro-actively bidding

Viewing property quickly

Making a decision quickly

Application processes vary and particularly where the landlord is a housing association there

may be an interview. Local authorities usually have the right to “nominate”, (put forward)

applicants for a proportion of housing association property in their area although the actual

decision on who to let to is the housing associations.

Pros and cons

Pros:

17.7% of England’s housing stock is ordinary social housing

Security of tenure; tenants of RPs usually have “assured tenancies” offering good

security and council tenants have a “secure tenancy”

Rents in social housing are nearly always met in full by housing benefit for those

who qualify. They are also only very exceptionally referred to a rent officer

Social landlords management and maintenance services and quality are monitored

and inspected and should be of a good standard

Local authorities and housing association are expected to assess the most vulnerable

people in housing need get housed despite the fact (surprisingly) there is not any

duty to them

Cons: Demand for social housing far exceeds supply; long waiting list. It may therefore

take several years to get a suitable property

Housing associations are the only real way of getting new, purpose built social

housing

In some areas there may be very few properties like bungalows and other people

such as those over a certain age may be given higher priority. What is needed may

simply not be available in the social housing sector, in the short term, if at all

Some large estates may not offer a secure and welcoming environment for avulnerable person


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How the money works

Housing associations and council rents are now very similar. Rents set by housingassociations or local authorities on ordinary housing are invariably covered by housing

benefit. This will include property maintenance and eligible service charges.

Other issues

RPs or local authorities may have other shared housing not part of choice based lettings

because it is more specialised or intended for use by disabled people. This is accessed

through Adult Social Care not the housing authority

Adult Social Care may also control access to a quota of ordinary housing

In some areas it may still be possible to apply directly to a housing association which

continues to control the letting of at least some of their stock


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Appendix A6: Renting Privately

What this option is

This is renting an ordinary street property from a private landlord. Private landlords are

commercial organisations or individuals, who are in business for a profit. This distinguishes

them from which are local authorities and Registered Providers who are social landlords.

Private landlords come in various forms including:

Companies with a large portfolio of properties

Individuals or families with one or two properties only

Individuals or families who buy a property specifically to rent to a disabled relative

(there is a separate factsheet on this)

Charitable organisations letting out properties often to a particular needs group are, for rent

and housing benefit purposes, also considered as private landlords despite the fact they are

not trading for profit.

How to access

Private landlords compete in a market place for tenants and in principle any one can rent a

property from them.

If it is on the market, in principle, it is available to a disabled person who can meet the terms

of the letting. The usual ways of finding a property are:

Through a letting agency in the area

An estate agent who deals in rental property Advertisement in local papers

To let board on a property

Web search

Shop notice boards

Pros and cons

Pros:

14% of England’s housing stock is in the private sector – extends choice

Sometimes the only way of getting the right type of property in the right place

If available, can move in quickly, do not have to be on a waiting list for years

Some landlords will buy to order and have developed good relationships with

councils who regularly use the private rented sector to obtain housing for disabled

people

Cons:

There are some serious disadvantages for people with learning disabilities:


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Lack of security of tenure. Private landlords normally let on an assured shorthold

tenancy. This lasts for an initial 6 months, thereafter the tenant can be asked to

leave, with no rights of appeal, on what works out as 2 months’ notice. Note

however it is possible for landlords to grant a longer initial tenancy

The amount of rent eligible for housing benefit is limited by a “Local Housing

Allowance”. Often this is too little for the landlord so the tenant is faced with

topping up the rent from other benefits.

There are additional problems when the tenant needs a second bedroom perhaps

for an occasional carer as Housing Benefit will only meet the rent for a one bedroom

flat if it is for one person

Adaptations where required may be difficult to get as the landlord may be very

reluctant to agree major changes to their property which does not add value

Legislation which in the past allowed people who need some care and support to get

a higher level of housing benefit to pay a commercial rent cannot be relied on

following a series of legal decisions referred to as the Turnbull judgement

Quality of management and maintenance service may be poor or unreliable and

service is not regulated and inspected as it is in social housing

It is common for the landlord to require a deposit equivalent to several months’ rent. Private

landlords may often require a working person to stand as guarantor before they let to

someone on benefits. LocalAuthority may run a scheme to help pay for these deposits. A list of schemes to help with

rent deposit

can be found at www.privaterentedsector.org.uk

How the money works

Rent eligible for housing benefit is restricted by the local housing allowance (see

https://lha-direct.voa.gov.uk/Secure/Default.aspx) and subject to determination by a rent

officer.

Housing benefit departments have a small budget to make discretionary payments to cover

higher rents in exceptional circumstances. It would however be risky to rely on this for longterm housing.

Other issues

Despite reservations renting in the private sector can sometimes be a good option

particularly when someone wants a short term let, for example to try out living more

independently, and where long term security of tenure is less of an issue. There are

examples of commercial landlords buying property to order for disabled people and offering

an excellent service. There are also mechanisms where RPs lease properties from private

landlords and sub-let them. This provides better security of tenure and some assurance of

quality

http://www.privaterentedsector.org.uk/http://www.privaterentedsector.org.uk/http://www.privaterentedsector.org.uk/http://www.privaterentedsector.org.uk/


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Appendix A7: Specialist Buy to Let, New Build and

Refurbishment

There are a range of specialist housing providers who are able to buy, build or develop

accommodation to a specific brief. They may use private or public capital, or raise

mortgages to fund this. In some cases this will result in higher than average rents for the

following reasons:

To cover purchase, lease, adaptation, maintenance and/or development costs

Need for extra rooms and /or space

Need to live in a specific, possibly higher cost, area

Need for higher quality housing

Additional housing management and voids costs

Need to provide special design, assistive technology or equipment features

How are these costs covered at the moment?

By using exempt Accommodation or Excluded Tenancy rules in Housing Benefit.

Exempt and Excluded guidance to HB decision makers summary:

Exempt Excluded

Registered Provider or Not for ProfitLandlord

Registered Provider (RP) landlord only

No suitable cheaper alternative housing

should be available

As Exempt

Only essential landlord services are

provided and these services should be

costed at a reasonable level

As Exempt

More than minimal care support or

supervision is commissioned and provided

by or on behalf of the landlord in addition

to any Local Authority commissionedgeneral social care or personal care

Not required

Full rent to be met regardless of amount if

the above is shown to be present

Rent can be referred to Rent Officer for

potential capping if HB feels that the rent is

unreasonably high. HB to have agreements

and guidance developed in partnership

with local RPs to what constitutes

“unreasonably high”

Partial Central Government subsidy repaid

to Local Authority

Full subsidy repaid to Local Authority


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Exempt Accommodation

Pros Can be used by a wider spectrum of landlords

Less chance of being capped if all qualifying criteria are in place

An appropriate way to fund housing costs (while rules remain as they are currently

set) and/or accommodation based Supporting People funded services that have no

additional statutory top-up from Adult Social Care or Continuing Healthcare

Cons

Widely varying levels of understanding and application of the process between

different Local Authority decision makers leading to confusion, and instances of poor

decision making. Care support and supervision is often provided by the landlord not because the

services need to be provided by them, or even at all, but because it’s what needs to

be in place to qualify. This service can often be more appropriately provided by a

separate support provider as part of the wider general social or health care

provision funded by Adult Social Care or Continuing Healthcare

Tying a level of care support and supervision to the tenancy can conflict with CQC

regulatory frameworks for Domiciliary Care and limits flexibility for tenants who

wish to live in long term “own home” arrangements rather than short term

supported housing “schemes”

Cost to local HB budget as payments are only partially subsidised

Excluded Tenancies

Pros

More in line with current regulatory arrangements, personalisation and good

practice principles as the they relate to living in your own home as it allows for the

complete separation of housing and care and support services (care support and/or

supervision does not need to be commissioned and provided by the landlord)

Cons

Widely varying levels of understanding and application of the process between

different Local Authority decision makers leading to confusion and poor decision

making

Only possible if you are a Registered Provider

The prospect of rent referral acts as a disincentive to use excluded tenancy

provisions while the lack of a cap exists in exempt accommodation rules and there

are no local agreements to what constitutes “unreasonably high”

Potential risk to tenants whose high housing costs take them over the Universal

Credit cap and are not exempt from that cap as they do not live in exempt


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accommodation, or do not claim DLA, or are not in the Support Group of

Employment Support Allowance

General Issues

Having two different regimes achieving the same end outcome is confusing

There are widely fluctuating local differences in the interpretation and application of

what is quite loosely defined guidance

Particularly there is scope for widely varying interpretations of “reasonable” which is

referred to frequently in the guidance

The guidance hasn’t kept up with many of the regulatory and good practice

developments in social and personal care and ordinary housing


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Appendix A8: Family Investment

A family or other relatives may be able to provide housing directly. These are the mainoptions but is not exhaustive.

We explain each in turn outlining strengths and weaknesses and answering some of the

questions most commonly asked.

Buy to Rent

What this option is

Buy to rent is where a parent, or other close relative, buys (or builds) a property and then

lets it out to their son or daughter or relation. The parents fund the acquisition commonlyrepaying the mortgage from the rent charged.

This property may be any ordinary house, flat or bungalow – adapted if necessary. It can also

be an annexe to the parent’s home that is converted or a small bungalow built in the garden

of the relatives own home.

How to access

The housing is under the direct control of the relative although if a care or support package

is required this element will depend on the local authority agreeing to the funding.

Pros and cons

Pros:

Any property that is affordable, potentially available – extensive choice of type, location, size

and facilities

Can be an investment for parent (or other relative). In the long term the property could be

passed on to son/ daughter possibly free of debt. This in turn can provide financial security

and the ability to move and choose another dwelling if required in the future.

Family in control of housing

Property can be shared with others and the relatives can decide who to let it to

Can offer long-term, permanent housing

Cons:

Not all families may be able to take on arranging a buy to let mortgage and the other tasks

involved

Similarly, not all may be in a financial position to raise the mortgage, provide an initial

deposit and fund the legal, valuation survey and other set up fees


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Risk of fall in value of property

Where repaying the mortgage depends on the son/ daughter (or other relative) getting

Housing Benefit to cover the rent there may be difficulties getting HB, alternatively the rentthat is acceptable for HB may be insufficient to meet the mortgages repayments in full

All the legal and practical responsibilities of being a landlord have to be met including

managing and maintaining the property

How the money works

Commercial buy to let mortgages have become widely available and are a common source

of loan finance for the purchase. Mortgages for conversion or building projects are also

available. Parents will usually have to find a small deposit. According to the families personal

circumstances it may be possible to acquire a second property without borrowing or by re-mortgaging their own home.

Normally the mortgage is repaid via a rental charge. Most people with a significant learning

disability will be eligible for housing benefit and this is used to repay the loan the parents

have taken out. There are three financial issues:

The parents (or other relatives) will be treated as private sector landlords and the rent

housing benefit will pay is determined by the “local housing allowance” set for the area and

type of property. This may or may not cover the actual loan repayments. In addition an

allowance has to be made for property maintenance and repair and the family may have to

make up the shortfall. In some cases, relatives take the view that even if there is a shortfall

the gain in getting good, suitable, secure housing outweigh the disadvantages and/or that inthe long term the property is likely to appreciate in value

An income from the property, particularly if it is shared with others who also pay rent will

possibly effect the families tax bill – although the maintenance and most other costs of the

property can be offset against the income

Housing Benefit departments may refuse to pay benefit where the landlord is a “close

relative” – see Below

Other issues

The problem and risks with this option is the attitude of the local authority housing benefit

section. The key Statutory Instrument (SI) setting out the regulations is SI 3257. Broadly, the

Income Support Regulation seek to discourage renting between close relatives fearing that

arrangements will be set up to exploit the housing benefit system.

However, at the end of this SI it is explained that renting between close relatives is

permissible provided:

The property rented out is a separate, self-contained property. A close relative cannot forexample get HB to pay the rent on a room in their own home


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The letting must be on a commercial basis. The relatives must in all respects, act like any

other private landlord. This means for example, granting a proper tenancy, charging a

commercial rent, being prepared to agree they would let to someone other than a relative ifnecessary i.e. acting commercially

Housing Benefit are persuaded the arrangements are not being set up purely in order to

take advantage of the housing benefit system – a “contrivance” In practice, it is lack of

commerciality that is most commonly used to refuse Housing Benefit. There have been a

number of Social Security Commissioner decisions seeking to clarify what is and is not

acceptable, see for example, Commissioners Case CH/0296/2004 and CH/0215/2004, where

relatives take the initiative to provide housing.

Outright Purchase

Better off relatives may be able to buy a property, without borrowing, for their son or

daughter to live in. This might be treated as a long term investment and the son or daughter

lives rent free or, if they have an income, might pay a modest rent. In the long term the

property could be:

Inherited on death of parent

Put into a Trust Gifted to a son/daughter now

Gifted or leased to a third party such as a Housing Association

Some of the issues which need to be thought about and dealt with in more detail are:

The tax implications on which expert advice is required

As your principle home it does not count as an asset or savings for the purpose of

calculating entitlement to welfare benefits

How the property is managed and maintained in the longer term

Trustees employing a managing agent, a local Housing Association for example for

management and maintenance

Leasing or gifting the property to another organisation

Why do people gift or lease a property to a third party: a Housing Association, relevant local

charity or not for profit housing provider? There are usually several reasons:

to deal with management and maintenance of the property

to ensure there is another organisation to look after their relatives housing needs

to help ensure any sharing arrangements are managed properly

to offer alternative housing if needs change or someone wants a move

to eliminate the risk of the family member being refused Housing Benefit if they

need to claim to pay any rent due and where the landlord is a relative (see 5 Buy toRent for more details)


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The big advantage of course is that Shared Ownership may be a route to getting the right

type, size, location of property at much less than the cost of outright purchase if that is the

only alternative. The disadvantages include:

Using HCA Grant as an alternative means no cost to the family.

In the loan model parents will be offered a third legal charge. The first charge will be

taken by the mortgage provider to son/daughter. The second charge will be taken by

the lender to the association or charity.

Return on the loan maybe low - not an attractive investment although the

son/daughter will share in any increase in property value.

Rents may be higher than with Social Housing Grant subsidy - but if housing benefit

pays the rent this is probably not a significant issue.

Joint Ownership

Joint Ownership is where a group of people pool their resources to buy a property between

them. This could be a group of families coming together to acquire a property for their

children to share.

Anybody who buys a house with a mortgage in conjunction with a husband or wife or

partner is technically likely to be a 'joint owner'. This means they will be 'jointly and

severally' liable for loan repayments. That is to say if one ceases to pay the mortgage for any

reason the other remains liable for all the repayments, not just half.

Joint Ownership is therefore commonplace. It is usual for two people to be joint owners butin legal terms it is equally simple for up to four people to be joint owners. There can be more

than four joint owners but this is much more complex.

It is possible if unusual, if they have the resources, for up to four disabled people to

be the joint owners rather than the parents (or other relatives).

Where the owners are parents, those who live in the property will be tenants.

The real question in a joint ownership model where parents are the owners is often 'how

can we get our money out?’ An issue that arises where groups share a single dwelling is

what happens if one person wants or needs to move on?This needs agreement prior to setting up joint arrangements. All parties must go into the

arrangements on the basis this will be each person’s permanent home. No one individual or

family must be able to undermine the living arrangements or make the other sharers

homeless. As a consequence all the parties should agree no family is able to withdraw their

funds unless three conditions are met:

There is another family/individual able to replace the funding which one of the

families is taking out

The individual who is to move in must want to share with those already living in the

house and be compatible The person moving in must be acceptable to those already living there


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Joint Ownership - parents and sons or daughters

A variant on the Joint Ownership theme is for a parent to buy a property jointly with theirson or daughter. The reason for doing this is usually not to increase resources but as a way

of satisfying a lender that the person they are lending to has 'legal capacity'.

Legal capacity can arise as an issue where the lender believes the individual they are lending

to has insufficient understanding of the nature of the obligations they are entering into e.g.

to pay the mortgage and consequences of breaking the terms e.g. becoming homeless.

Where the lender knew the borrower lacked legal capacity the contract is voidable by the

party who lacks capacity or someone with the legal authority to act on their behalf. This is a

risk lenders will be wary of and may prevent ownership. One solution is for the

son/daughter to jointly own with a relative whose capacity is not in doubt. When this is

done there must be doubt as to whether strictly speaking SMI is payable where one of the

joint owners is not disabled or eligible for any or all of the qualifying benefits

Company Ownership

An alternative to joint ownership for sharing is for a company to be set up to acquire or build

property. One example involves 8 parents becoming shareholders in a company set up with

the purpose of developing accommodation for people with learning disabilities. Some (or all)

of the parents will be directors of the company. Advantages of this route are:

A vehicle for bigger developments - can be used for example to buy a plot of land

and develop a block of purpose designed flats.

Forming a company forces all concerned in the process of preparing objectives,

memorandum and articles of association to think through in some detail what the

purpose is and how matters will be managed in practice.

As a legal entity the company can borrow - although families may be asked to offer

guarantees.

The company has a life which extends beyond the life of any individual parent.

It provides a vehicle for managing and maintaining property, also possibly of

providing or managing care and support in the long term.

The biggest difficulties are likely to be:

Finding like-minded parents in the position to contribute to the company.

Reaching agreement will inevitably mean some compromises and can be a source of

friction and resentment.

Like joint ownership some restrictions on withdrawing funding is needed. However,

a shareholding structure means in principle shares are tradable and getting money

out may be more straightforward than in other cases.


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Inheritance

Direct inheritance - If the property is inherited with the intention that it continues to be

occupied by the disabled relative then the various benefits of continuing to live at home maybe realised. In addition, the advantages of direct inheritance are:

Legal capacity is not required as no contract is involved

It avoids the trouble and expense of having to set up a Trust

Avoid doubt as to how Trustees will exercise their discretion

The disadvantages and risks are:

The person may be unable to manage property and maintenance themselves

Without other funds held in Trust, paying for major repairs may be difficult

The property is more vulnerable to financial claims from Social Services who may

seek to levy charges for services

The property may need to be sold in order for tax demands, such as Inheritance Tax,

to be paid

It can be difficult to secure agreement for any care and support package from Adult

Social Care when the exact start date is not known

Discretionary Trusts

Discretionary Trusts have increasingly been seen as a key mechanism for making long-term

financial provision for disabled relatives. Discretionary Trusts are a legal way of putting

assets - money, shares and property - aside for a 'beneficiary'. Advice of a solicitor with

expert knowledge of Trust law is required. To work in the way intended Trustees must have

discretion as to how funds are used, the beneficiary should not be the sole beneficiary and

must not have a right to either the assets of the Trust.


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A9: Getting Housing and Support together (Accommodation

Based Services)

Un-registered shared group homes

What this option is - A common form of provision for people with learning disabilities is

ordinary or purpose built houses shared by a small number of disabled people. Typically this

is 3, 4 or 5 people. Each person has their own bedroom, very occasionally two people may

share. There will be an established and funded level of staff support, from visiting to 24 hour

presence.

The rest of the property is communal space used by tenants collectively and normally thiswill include at least a lounge, kitchen and dining area. There may be additional facilities like

a sensory room, laundry, staff sleep-in room and some schemes will for example have en

suite bathrooms rather than a shared bathroom. Staff may or may not also live in the group

home.

What distinguishes an unregistered shared house from a similar building which is designated

as a registered care home is whether the care and operational arrangements require

registration with the Care Quality Commission as an “establishment” or not. This is explored

more fully in the notes section.

If personal care is provided (defined as physical and intimate touching and not includinggeneral social care or housing related support) the care provider will have to be registered

as a domiciliary care provider by the Care Quality Commission (CQC) but this is different

from the whole building and service being registered as a care home. In this circumstance it

is only the personal care element of the service that is regulated and monitored by CQC.

Extra Care, Sheltered Housing and Core and Cluster

What this option is - Sheltered housing, extra care and Core and Cluster are three forms of

specialist provision. The firs two are usually intended for older people, usually aged 55 plus.

They can be allocated to younger people with a learning disability but are particularly

relevant for older people including those with learning and/ or physical impairments.

Sheltered housing is usually a small block of 20-40 flats or bungalows. There will be some

communal facilities like a lounge and possibly a laundry and guest suite. The dwellings are

purpose designed for older people and will incorporate at least an alarm system. There will

usually be a visiting or on site warden. Their roles vary from being a “good neighbour” and

providing help in an emergency to a more professional “care co-ordinator” or manager.

There are sometimes reservations about thinking of sheltered housing as an option for

disabled people as it implies grouping people together and a possible separation from the

community. However, for some older people, who are not disabled, it is a positive choice.

People can rent or choose to buy so this must also be a consideration for older people with alearning disability. It is not however, going to suit everyone.


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Extra care extends the basic sheltered concept. Developments vary but typically there will

be more extensive communal facilities including a lounge, activities room, IT suite, shop,

provision for at least some meals, which is commonly by incorporation of a restaurant orcafé in the scheme, and 24 hour care available on site through a team of carers. Extra care

schemes are again based on a collection of self-contained dwellings but can be much bigger

extending to extra care villages of up to 300 properties.

Core and Cluster is usually on a smaller scale than Extra Care, typically 8-20 self-contained

flats and a staff flat or base within a single site development.

Residential Care

What this option is - A residential care home is an “establishment” providing

accommodation together with personal care.

Residential care means having a room in a building shared with a number of other people.

Twenty four hour care will be provided on site as will meals.

In the past there could be 20 or more people and services were inevitably institutional.

More recent care homes are usually smaller, 4 – 8 people. Residential homes are owned and

managed by public, private sector or charitable bodies. Some specialise in particular forms

of provision, for example for people on the autistic spectrum or those with sensory

impairment in conjunction with a learning disability.

Care homes are registered with the Care Quality Commission (CQC) under the Care

Standards Act 2000. Homes have to meet certain physical standards; they are inspected bythe CQC whose reports are published (www.cqc.org.uk/ ). Staff are required to be trained to

a certain level and staffing ratios are laid down.

Intentional Communities

What this option is - “Intentional communities” is a term to describe a variety of planned

residential communities from eco villages and housing co-operatives to Kibbutzim and

Ashrams. Typically members hold common social, religious or spiritual views and share

responsibilities and resources.

In the present context “intentional communities” refers to schemes of this type set up

specifically to house disabled people who live together as part of a supportive community.

Historically, intentional communities were often set up as small villages or farms in rural

areas but some are newer developments in towns like Milton Keynes or may consist of a

number of properties spread across an area.

http://www.cqc.org.uk/http://www.cqc.org.uk/http://www.cqc.org.uk/http://www.cqc.org.uk/


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A10: Shared Lives and Supported Lodgings

Description and Characteristics

One way the inherent problems of shared group housing or living in large institutions can be

overcome has been for people to have the opportunity to live with a family or in supported

lodgings.

Accommodation with a family, where sharing family life is part of the arrangement, is

referred to as Shared Lives (formerly Adult Placement). Accommodation in the home of a

landlord where family life is not shared is known as Supported Lodgings. Confusingly some

Shared Lives families are also called Supported Lodgings providers – this usually means that

they offer a lower level of support which is often housing related. Shared Lives families can

offer a full range of support including personal care. Supported Lodgings providers do not

offer personal care.

People using both type of scheme have to be over 18 years of age. There is no upper age

limit.

The two types of scheme are funded differently and subject to different levels of support

and supervision.

Shared Lives

Shared Lives (SL) arrangements are distinguished by the following features:

SL arrangements are part of organised SL Schemes that approve and train the SL

Carers, receive referrals, match the needs of service users with SL Carers and

monitor the arrangements

People using SL services have the opportunity to be part of the SL Carer’s family and

social networks

SL Carers can use their family home as a resource

SL agreements provide committed and consistent relationships

The relationship between the SL Carer and the person placed with them is of mutual

benefit

SL Carers can support up to three people at any one time (two in Wales) SL Carers do not employ staff to provide care to the people that they support

In a Shared Lives arrangement that offers accommodation, the individual usually shares the

whole house and mealtimes whilst having the privacy of their own bedroom.

Shared Lives Schemes are registered by the Commission for Social Care Inspection. The

Schemes in turn monitor individual placements. Families offering Shared Lives

accommodation and care no longer have to register as small homes.

Matching is a key feature of Shared Lives arrangements. Matching of the individual and the

Shared Lives family is usually done by a Shared Lives Worker in close consultation with the


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person and their family, their care manager and other key people who know the individual

well.

In Shared Lives the host family undergoes a thorough assessment and approval process tomake sure that they have the skills and knowledge to carry out their work. The process

involves a number of meetings, a comprehensive training programme and presentation to

an Approval Panel.

Shared Lives families receive on-going support from a Shared Lives Worker. They receive a

weekly payment for their work.

There are now more than 200 Shared Lives schemes around the country with an estimated

10,000 people making use of them.

The majority of Shared Lives Schemes are directly managed by local authorities but there ismounting interest from the independent sector to win contracts with Local Authorities to

run such services.

Shared Lives Schemes originally offered long term accommodation and support but there

has been growth in the last ten years of a range of other services including short breaks and

day time support. Kinship support (where the Shared Lives family supports someone living in

their own home) is the most recent area of growth and is offered in most areas of the UK.

Supported Lodgings

In Supported Lodgings individuals receive a low level of (usually housing related) supportand do not share in the family life of the landlord. Supported Lodgings Schemes are not

registered with the Commission for Social Care Inspection as they do not offer personal care.

Landlords do not undergo the same level of assessment as Shared Lives Carers and usually

receive less support from the Scheme. They are more independent and are not subject to

the same matching process. All the costs associated with placements are met by the person

living in the accommodation.

Supported Lodgings can cater for more than three people.

Who are they for?

Shared Lives schemes and Supported Lodgings schemes have been developed for a range ofdifferent groups of people.

Details of whether schemes for people with learning disabilities exist in a particular area can

be obtained from the local authority Social Services department.

It might be anticipated that Shared Lives arrangements would be more likely to suit

particular groups of people more than others but this has proved not to be so. It has been

found to be successful for a wide range of people coming from differing circumstances with

both high and low levels of need or disability.

Arrangements are likely to be most successful where they meet the wishes and needs of theindividual either because they have expressed a preference for this type of accommodation


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or because people who have got to know the individual assess the person concerned would

be particularly suited to the type of support available.

In general Supported Lodgings are likely to be more appealing to a group of people who areindependent but vulnerable and therefore need someone to be available to monitor,

prompt and advise on problems.

There are few, if any, criteria people applying to either type of scheme have to meet other

than an assessed need and a desire to access the service.

Shared Lives Short Breaks Services are available to a widely divergent group of people. They

have proved particularly successful for people with learning disabilities.


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A11: Support Tenants

Introduction

This factsheet explains how someone with a learning disability can be supported by a tenant

who lives with them. It draws heavily on the experience and practice of the Ling Trust who

specialise in providing support for people in this way.

What is a Support Tenant?

A support tenant shares the home of someone who has a learning disability (it might be a

couple). They live with them as a friend or 'flat mate'. They share household tasks and bills

just like any other unrelated friends sharing a house might. In addition the support tenant

agrees, with the care provider, to do some additional things which help the person with

learning disabilities live more independently than might otherwise be possible.

Support tenants are part of a range of choices for people with learning disabilities.

What Sort of Things Do Support Tenants Do?

A list of the activities a support tenant might do taken from a typical contract is attached to

this factsheet. The kinds of things a support tenant usually agrees are to:

be at home between certain hours e.g. 7pm to 8am

be at home on an agreed number of nights each week give notice to the care provider if they are not going to be around during the

contracted times or prior to going on holiday

help the person they share with make breakfast and/or an evening meal a number

of days each week

involve the disabled person in daily living tasks and social activities

What is Particularly Valuable About Support Tenants?

For many disabled people this may be the first (only?) opportunity to live with and

share activities with someone who is not also disabled – other than perhaps parents

It can be a very positive, genuine, friendship

It can be the key to making independent supported living economically feasible

It can play a part in linking someone with the wider community helping build a social

network

Shortcomings of Support Tenant Arrangements

The risks most frequently mentioned are that support tenants will leave, prove unsuitable or

that there will be a high turnover of support tenants.Some of these risks can be reduced by:


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careful selection of support tenants

training and supervision of the support tenant

involving the person with learning disabilities in the selection process - essential

regular reviews and monitoring of arrangements

employment by an experienced care provider agency

There is likely to be turnover; students may sometimes be attracted to doing this for a while.

In evaluating this option it should be borne in mind:

there is turnover of staff in any residential home or care service – this is not unusual

if the philosophy of promoting an 'ordinary life' is accepted then it is 'normal' to face

changes in relationships from time to time Having said this compared to living athome with parents this is likely to be a more variable arrangement.

Supervision and monitoring of the support tenant is required to safeguard the resident and

get the most out of this arrangement.

What is the Status of the Support Tenant?

The learning disabled person will normally be the tenant or owner of the property. The

support tenant is likely to be a lodger. This means they have no security of tenure. This helps

to protect the more vulnerable, disabled resident.

The contract with the support tenant will provide for a period of notice if they want to leave

- say one month and indicate how long they are expected to stay in the first place - say

twelve months. However, neither is easy to enforce in practice.

The nature of the agreement with the support tenant will require careful thought and legal

advice. What you need to ensure is that you have a service contract so that if the support

tenant no longer provides the necessary support they have no right to continue living in the

property.

The support tenant would also be entitled to one months’ notice.

How Do You Recruit and Select Support Tenants?

Support tenants come from a variety of sources where the opportunity can be promoted or

advertised:

churches

GPs surgeries

recommendations from former support tenants/care workers

previous carers


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The keys to successful pairing are:

attitude – must like people and company, easy going

local connections and network

commitment to supporting independence

compatibility – mutual regard

motivated to become a support tenant

ability to stand back

patience

Involvement of the disabled person in selection is vital and often family, friends, previous

carers or advocates are involved as well.

The Role of Support Tenant

The support tenant will:

involve the individual in a social occasion at least once a week

be available to the individual in accordance with the attached timetable i.e. be at

home between certain hours/certain days

offer friendship, support and companionship to the individual

offer support and general advice to the individual with any care plan, risk policy or

any policy regarding drugs help and advise the individual to develop his/her sexuality through appropriate ways

and encourage social interaction and develop relationships - in general be a good

role model

help the individual in dealing with certain household issues:

o visitors

o household emergencies

o household management and maintenance

o correspondence

o

personal and household security

o daily living activities

help the individual to deal with messages and correspondence if appropriate,

encourage them to write down appointment times and telephone messages.

Support workers will help on a daily basis but Support Tenants may at times be

needed to help immediately.

help to ensure the individual understands issues relating to security. This will also

relate to personal property

attend reviews or meetings as required.

help the individual to get up in time for appointments or work


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encourage the individual to live as independently as possible and also develop their

self-confidence

be a good role model. For example, introduce friends and visitors, helping to extend

these networks.

agree house rules with the individual regarding smoking, visitors, music, telephone,

cooking, bills and tidiness of rooms

pass on any worries or concerns that the individual might have to the appropriate

person or support tenant co-ordinator

respect the individual's confidentiality and not discuss details with inappropriate

people

contact the individual's Social Worker if for any reason the support worker has not

arrived to support them at the specified time

inform the co-ordinator as early as possible if they cannot support the tenant due tosickness or an emergency or any other reason


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A12: Community Support Networks

What this option is

Community support networks are based on a small number of disabled people (up to about

10) who live in close proximity to each other. Each has their own home or flat although

some may choose to share.

One property in the network is occupied by a Community Living Worker, a part-time

volunteer. The worker provides a small amount of practical help to each member of the

network, for example, help with paying bills, correspondence, organising appointments,

getting the right benefits… the worker is however also employed to bring members together

and help them form supportive relationships.

There is also a Network Manager who supports the workers and also helps tenants with

specific, possibly complicated issues like benefits. Each Network Manager will look after

three or four networks. There is also an out of hour’s helpline.

The actual housing could be owned or rented and come from any source but in practice

most networks are based on renting property from a local authority who want to have a

community network established as an option in their area.

Keyring is a relatively low support option. Network members usually have an individual care

package; the Network Manager and Community Living Worker and other members are not

expected to be the sole basis of care and support although it is possible for some people

they could be.

How to access

Keyring is the leading charitable provider of this type of community network and the best

starting point to check whether there is a suitable network nearby - www.keyring.org – and

how to go about applying.

Pros and cons

Pros:

Focus on abilities of network members; can contribute to feelings of self-esteem and

value

Can be a way of addressing risk of social isolation of disabled people living

independently

Non-institutional and promotes independence

Can get help in an emergency

Care and support separated from housing

Cons:


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Schemes are not universally available and depend on a local authority taking the

initiative to set up a scheme with Keyring and provide funding. About 40 authorities

currently have an established Keyring network

So far has most often been thought of as an option for people with more mild ormoderate disabilities

Require sufficient, suitable properties, fairly close together, being available at a

similar time

How the money works

The housing will be funded according to the type and tenure – most often via Housing

Benefit. Individuals if they meet the criteria are likely to have an individual package of care

funded through Adult Social Care and possibly the Independent Living Fund as community

networks are based on the concept of each person having their own home and living

independently. The cost of the staff and running the network is most likely to be met by a

Supporting People Grant payment from the local authority

Paying for Housing Costs in Supported Living

Renting

Housing Benefit is the only welfare benefit available to pay for rented housing. Housing

Benefit is paid to those on a low income to help cover their rent. It is possible to apply for

Support for Mortgage Interest to contribute to interest payments on a mortgage. The detail

behind these payments is explored in detail later in this factsheet. .

Types of Housing Benefit:

Housing Benefit when renting in the social housing sector

Standard lettings in the Social Housing Sector (Housing Associations and Local Authority) are

straightforward (unless Spare Room subsidy applies, see below); Housing Benefit will always

match the rental requirement as this is an affordable housing option

Social Housing is allocated on a priority need basis, based on an application to the Local

Authority

Housing Benefit when renting in the private sector

Where the rental is in the private sector Local Housing Allowance rules apply

Housing Benefit to cover higher rental costs

Where property has been specifically obtained on behalf of an individual or group of people

and a higher level of rent(i.e. above the standard housing benefit amount) is required then

Exempt Accommodation or Excluded Tenancy rules may apply. For example, this may be the


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case for some people with a learning disability who have very specific housing requirements,

resulting in the need for a more expensive property type.

Local Housing Allowance, Exempt Accommodation and Excluded Tenancies in Detail:

Housing Benefit - Exempt Accommodation

Many people with a learning disability require a level of support alongside their housing

provision – through, for example, supported living schemes. The special treatment of

‘exempt accommodation’ dwellings enables Housing Benefit to meet the additional costs of

providing this type of specialist housing.

Accommodation should be treated as exempt from general Housing Benefit rules if the

landlord is a:

County Council or metropolitan council, or

Housing association, or

Charity, or

Voluntary organisation.

The landlord, (or someone acting on their behalf) has an obligation to provide care, support

or supervision to the tenant. ‘On behalf of’ should be taken to mean that the care, support

or supervision if not provided by the landlord should be provided for them. There should be

‘some form of interposition’ for the landlord in providing these services.

The amount of care, support or supervision provided by the landlord can vary considerablybut it must be more than minimal. It could be the case that the tenant has a very intensive

package of care or it could be that the support is fairly minor, but, nevertheless goes beyond

that which is normally provided by a housing provider.

As with the provision of accommodation it should be the landlord that has ultimate

responsibility for providing care, support or supervision or provides a level of support that

the authority is satisfied is more than minimal. It is not sufficient for the landlord to simply

facilitate, co-ordinate or just be involved in the provision of care, support or supervision

either on behalf of others, ie social services, the NHS or within a joint responsibility.

The care, support or supervision does not need to make up the entirety of all care support orsupervision provided, that is additional services provided by a different provider can be in

place.

If the care, support or supervision is not directly provided by the landlord or by someone

acting on their behalf, for example if all the care, support and supervision are independently

commissioned by Social Services, then ‘exempt accommodation’ status will not apply.”

(HB/CTB Circular A22/2008)

If a local HB office is satisfied that the accommodation is “exempt” then “eligible rent and

HB entitlement should be assessed under the ‘old’ HB scheme rules (Housing Benefit

(General) Amendment Regulations 1995 (SI 1995 No. 1644, now revoked) which originallyintroduced the Local Reference Rent (LRR) Otherwise the eligible rent will be calculated by


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the ‘new’ HB scheme rules including the maximum rent (LHA)” (HB/CTB Circular A22/2008)

(described at para 1 above).”

Exempt accommodation is currently being reviewed by the Department of Work andPensions . Details can be found in the consultation paper “Housing Benefit Reform -

Supported Housing” (July 2011)

Future Changes to Exempt Accommodation regulations

From 10th April 2014 the regulations will be amended to add the following specified

accommodation to the definition of exempt accommodation:

“provided by a relevant body; into which the claimant has been admitted in order to meet a

need for care, support or supervision; and where the claimant receives care, support or

supervision.”

This new specification applies to an individual exemption from the Universal Credit benefit

cap only. Any housing provider wishing to set rents at high levels will still need to satisfy the

“provision of care, support and/or supervision” test as exempt accommodation described

above as those regulations remain in place.

The DWP have indicated that longer term reform of the exempt accommodation regulations

within Universal Credit will be needed. It is anticipated that this may mean taking high

housing costs out of the benefit system altogether, probably by passing the responsibility tomeet these costs to Local Authorities. More detail on this is expected to be released in due

course.

Housing Benefit - Excluded Tenancies

Housing Benefit Regulations 2006 Schedule 2 Regulation 14 defines excluded tenancies as

those that are provided by a landlord who is a Registered Provider (ie registered with the

Homes and Communities Agency)

“There is no requirement to refer an application (for HB in an excluded tenancy) to the rent

officer unless the accommodation is larger than reasonably required by the claimant and anyothers who occupy that dwelling (it is important to bear in mind that the size criteria applied

by the rent officer are different from the test to be applied by the LA here. The test here is

whether the dwelling is larger than the claimant reasonably needs, whereas the rent officer

is simply applying a formula based on the number of occupants), or rent payable for the

property is unreasonably high” (HB/CTB Circular A22/2008)

The decision to refer a registered Housing Association case to the rent officer rests with the

LA, but for the sake of transparency the LA should have a policy for determining whether a

referral is appropriate as a high rent or a large property is not wholly determinative: the test

is unreasonably high or larger than reasonably required. HB officers are encouraged to work

closely with their RSL partners and to create a Service Level Agreement between parties:


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“letting them know what criteria (for referral are being used). This raises confidence in the

HB system.

HB/CTB staff will need to liaise with other departments within the local authority (notably

Housing and Homelessness Sections) in developing and implementing procedures in regard

to RSL referrals to the rent officer.” (HB/CTB Circular A28/2002).

Housing Benefit - Local Housing Allowance

The Local Housing Allowance (LHA) is applied to private sector rentals and is a flat-rate

based on the average of local market rents, covering quite large geographical areas. These

figures will be public information, and will be up-rated every year by at the Consumer Prices

Index rate. These figures are not increased to include extra service charges. Service charges

eligible for housing benefit are included as an item of 'gross' rent and subject to the

maximum appropriate LHA. There are different rates for the type of accommodation you are

entitled to. These are

Shared Room Rate

One bedroom Rate

Two bedroom Rate

Three bedroom Rate

Four bedroom Rate

If your rent payable is more than the appropriate room rate, you will need to top up the

difference from other income. If it is less you will receive that amount.

If a tenant occupies a self-contained one bedroom property but are under 35 years old theywill only be eligible for the shared room rate, unless they claim DLA Care at the middle or

higher rate, in which case you will be eligible for the one room rate.

A bedroom that is used overnight by an overnight non-resident carer can secure the 2 room

rate. A person who requires overnight care is someone who

o receives Attendance Allowance (AA), or

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

Allowance (DLA), or

o 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

In addition, the claimant, will only meet the definition if the LA is satisfied that the claimant,

‘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;

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.’


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The claims will not be retrospectively applied but existing claimants who required a room for

a non-resident carer before 1st April 2011 will be able to claim from that date

The provision for an extra bedroom for a non-resident overnight carer does not apply overand above the property size cap of four bedrooms that will also be introduced from 1 April

2011. i.e., if a claim is received for a single household entitled to four bedrooms, a fifth

bedroom that is used by a non-resident carer cannot be included in determining the HB

award.

Help with the extra room will also be available to those who have their own individual

tenancy agreement in a property that is shared with other tenants who also receive care and

there is a bedroom that is used by a non-resident carer. Any or all of the residents receiving

the overnight care and claiming HB could have the same carer’s room included in their

benefit assessment provided HB are satisfied they meet the requirements as individuals.

This means that individual tenants will each be able to claim the 2 room rate in their ownright, limited to the value of the their individual overall rental liability or the property size

cap for a 2 bed property, currently £290. .

Claimants under 35 eligible for the passport from Shared Room rate to self-contained rate

(those who receive mid or high rate DLA or Severe Disability Premium) will also be eligible

for the uplift to the 2 room rate as described above.

Once it has been established that the claimant has an extra bedroom, LAs will then need to

be satisfied that there is a medical need for the care. Anyone receiving AA or the middle or

highest rate care component of DLA will be deemed to have a medical need for care

There may be a small number of claims where a claimant (or partner) has overnight care,but does not receive either AA or the relevant DLA component. In these cases, LAs have

discretion to decide what alternative evidence, if any, is needed to demonstrate that

overnight care is required, given the circumstances of the case - for example a letter

provided by the claimant from a GP or other medical professional.

Finally, LAs will need to satisfy themselves that the claimant or partner actually receives care

that requires a carer, or team of carers, to stay overnight. Again, LAs have discretion to

decide what evidence, if any, is needed in each case, and from whom it should be obtained,

such as from adult social services or the care agency providing the care.

Claimants do not need to be receiving overnight care every night of the week. The regulation

stipulates that a carer should stay overnight ‘regularly’ but does not prescribe a minimum

number of nights that would satisfy this requirement. However, it is not intended that the

provision should apply for regular but infrequent care, but rather for claimants where the

need for care and therefore the bedroom is frequent, thereby enabling them to continue to

live in the community.

Housing Benefit - Spare Room Subsidy

New Housing Benefit rules came into force in April 2013. These affect people renting from

social landlords (local authorities, registered housing associations and other registered

housing providers).


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An allowance of a room each is made for:

An adult individual or a couple

A person who is not a child (age 16 and over)

Two children of the same sex (below the age of 16)

Two children (of either sex) under the age of 10

Any other child – but not a foster child nor a child whose main home is elsewhere

A carer or group of carers, providing overnight care.

Any rooms in a property over this allowance will be counted as 8under occupied” and

Housing Benefit will be reduced by

14% of the total eligible rent for under-occupying by 1 bedroom

25% of the total eligible rent for under-occupying by 2 bedrooms or more

The following exemptions apply;

The claimant or Partner is of State Pension Credit age

The claimant needs an extra bedroom to accommodate a carer or a group of carers who

stay overnight to look after them

The claimant lives in a shared ownership property

The Claimant lives in temporary accommodation organised by the council because they

have been homeless

The claimant lives in “exempt” supported accommodation (see above)

The claimant lives in “Non-mainstream” accommodation, eg in a houseboat, mobile

home, or in an old Rent Act regulated tenancy

The claimants child who would be otherwise expected to share needs their own room

because of the severity of their disability. Local authorities have to make individual

decisions in these circumstances.

How much can be claimed

In accommodation allocated through standard Social Housing allocation processes the full

rent will be met unless any of the provisons of the spare room subsidy regulations apply

In Exempt Accommodation and Excluded Tenancies Housing Benefit can only be restricted to

less than the full rent if the Local Authority considers the overall rent to be unreasonably

high.

In private tenancies the appropriate room rate of Local Housing Allowance will be the

maximum that can be claimed even if the rent paid is higher. Room rates vary widely around


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the country as they are based on local market levels. It is possible to find out rates by

postcode or Local Authority by entering data here:

http://lha-direct.voa.gov.uk/search.aspx

Eligibility and Capital restrictions

Individual or joint tenants are able to claim Housing Benefit against any rental liability they

have. They will be entirely ineligible for payment if they have capital over £16000, and will

only be able to claim full entitlement when they have less than £6000. Housing Benefit will

be paid at a gradually increased taper level for capital between £6000 and £16000. Income

from paid employment of more than 16 hours a week will also be offset against full payment

Deprivation of Capital Issues

Some people living in ATUs may have capital over£6000. If that is the case they me be able

to reduce that amount before claiming Housing Benefit, with due regard to the rules around

deprivation of capital. These say that deliberately getting rid of capital in order to claim or

increase benefit counts as still possessing it. Each situation is unique and must be assessed

on its own specific circumstances. The essential test for deliberate deprivation is not what

the money may have been spent on but the intention of spending the money. For example,

expensive holidays are more likely to be seen as deprivation than the purchase of furniture

or personal items that someone moving into a new home needs but doesn’t currently own

and can’t reasonably be expected to be provided from another source.

Support for Mortgage Interest

How to access

Obtaining SMI is dependent on meeting the criteria set out in Schedule 3 of the General

Income Support Regulations (paragraph 4, sub-paragraph 9).

In essence this says:

'Housing cost shall be met in any case where the loan was taken out, or an existing loan

increased, to acquire alternative accommodation more suited to the special needs of a

disabled person than the accommodation which was occupied before the acquisition by the

claimant'.(Ownership series – number 15)

The eligibility criteria are:

The applicant must be claiming DLA Care Higher Rate and one or more of: Income

Support, Incapacity Benefit, Employment Support Allowance (Support Group) Severe

Disablement Allowance, Pensions Credit

Require alternative accommodation more suited to the special needs of a disabled

person

http://lha-direct.voa.gov.uk/search.aspxhttp://lha-direct.voa.gov.uk/search.aspxhttp://lha-direct.voa.gov.uk/search.aspx


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final report draft v2 appendices

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