Client living in supported accomodation (Learning Difficulties)

What is the merit in arguing that costs relating to the provision and maintaince of an office and sleep over accomodation for a care provider are housing costs, not support costs and therefore eligible for HB?

There is also a charge of £15.86 for apportionmant of staff time, HB have taken the decison that 67.5% of this charge is to be a support charge and therfore ineligible for HB.

Does anybody know anything which may assist this client at Tribunal?

Wed 07-May-08 12:23 PM by Kevin D

"...the provision and maintaince of an office and sleep over accomodation for a care provider..."

In my view, based on the broad info stated, the LA is correct. If the costs are for a Care Provider, I cannot see how it can (properly) be argued that the costs are for anything other than for care, or support, or supervision.


For transparency: I assist LAs in "exempt accommodation" cases.

Some care, support & supervision providers also discharge tenancy support functions (usually funded by Supporting People). Although those services in themselves haven't been eligible for HB since 2003, it's not uncommon for providers to have a management agreement (or SLA) to perfom day-to-day housing management functions on behalf of the landlord.

This type of arrangement makes good sense because most CSS providers work in a partnership and have staff in situ up to 24 hours a day. Where this is the case then surely it's not beyond the realms of possibility that the office is used for more than de minimis housing management?

I'd say there'd be an arguable case for apportioning a realistic percentage of the costs of the office to the rent in these circumstances, though any such approach would need to be evidenced...