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Supported living or residential care?

Jo_Smith
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Citizens Advice Hillingdon

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I have two clients who live in a place which calls itself supported living. The manager of this place tells me that clients do not receive personal care but there is staff 24/7. The staff manage their meds and help clients to live independent lives.

These clients have tenancy agreements issued by private landlord who is not registered to provide any type of exempt accommodation. They rent a room in a house. Their housing costs are paid by UC.

These clients receive funding ( 60% social care from Local Authority and 40% from NHS Trust). They are being referred to as “sc117 clients” in funding agreement- not sure what it means.

Are my clients entitled to daily living comp of PIP or mobility only?

Thank you.

(edited to add further details)

[ Edited: 29 Apr 2022 at 04:20 pm by Jo_Smith ]
Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Section 117 is mental health aftercare. We cover a bit more about it in section 14.4 of our factsheet Paying for permanent residential care

I’ll be honest, I don’t really a great deal more about these type of arrangements.

Paul_Treloar_AgeUK
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If I’m right on that, then I don’t think PIP daily living is payable.

Care home residents
28.—(1) Subject to paragraph (3) and regulation 30, no amount of personal independence payment which is attributable to the daily living component is payable in respect of C for any period during which C meets the condition in section 85(2) of the Act (care home residents: costs of qualifying services borne out of public or local funds).

(2) For the purpose of section 85(2) of the Act the specified enactments are—

(a)Part 3 of the National Assistance Act 1948 F1 (Local Authority Services);
(b)sections 59 and 59A of the Social Work (Scotland) Act 1968 F2 (provision of residential and other establishments by local authorities and maximum period for repayment of sums borrowed for such provision and grants in respect of secure accommodation for children respectively);
(c)the Mental Health Act 1983

Reg.28 of the Social Security (Personal Independence Payment) Regulations 2013

Jo_Smith
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Thank you Paul. So the key issue is who pays for care? I got confused by the living arrangements, i.e. private assured shorthold tenancy + no personal care.

HB Anorak
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The first thing to establish is whether this setting meets the condition in s85(2) of the WRA 2012 which refers to living in a “care home”.  “Care home” is defined in subsection (3) as an establishment where accommodation is provided “together with” nursing or personal care.

Is the client receiving nursing or personal care?  They say not.  Even if s/he is, is that care provided “together with” accommodation?  It seems arguable that it is not.  The s117 services do not include the accommodation because there is a T/A and a UC housing element is being paid.  This suggests there is enough separation between the care/support and the accommodation to avoid the s85(3) definition.

I think the important rule of thumb is not who pays for the care/support (obviously that is provided under s117), but who pays for the accommodation.  Accommodation is sometimes included in the s117 package, and then I think s85(2) would kick in, but that does not seem to be the case here, so I think normal social security entitlements apply (UC for the rent, PIP(dl) if sufficient points scored).  But once the s117 services end, if the claimant continues to need long term care/support in the home and it is provided by the local authority, the PIP(dl) will be accounted for in the means test for care.

Jo_Smith
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Thank you. A different view 5han Paul’s then. Well, I’ll certainly give it a go.

LesleyCABassetlaw
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Hi Jo-  do you have any update on your case? I’m in a similar situation with one of my clients.

Jo_Smith
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Hi Lesley, both of my clients’ housing costs were accepted for UC purposes.
When we were applying for PIP,  I paraphrased HB Anorak’s argument and described the accommodation set up and how it all worked. However, we have not yet received PIP decisions. I’ll post an update when we do.

[ Edited: 28 Jun 2022 at 04:46 pm by Jo_Smith ]