We had a small victory recently which might benefit others.

There are a couple of residential units in Hull where people stay for a couple of years as part of a treatment programme for drug and alcohol addiction. The units are funded from HB and Supporting People and the residents receive a great deal of counselling and support (several hours a day).

Recently, a couple of residents were found fit for work. We argued that the unit should be treated as a hospital or other institution and he was receiving medical or other treatment under reg 12 IFW regs.

I mention this only because the local IB section said that they had not considered this argument and thought that such units were generally treated as equivalent to bail hostels. I got the impression that they might be considering whether to adopt the findings nationally for drug and alcohol treatment places.

It is particularly useful, because we were struggling with the descriptors, but a finding that they were fit for work would have had a significant impact on their recovery (and to this end we argued reg 27 as well).

(Incidentally, they briefly reduced my clients IS to Hospital rates after the decision once they had decided not to appeal but fortunately, they saw sense relatively quickly).

What about DLA care?

The same things apply - the placement is not provided under either the National Assistance Act or any NHS provisions.