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Under-occupancy charge and overnight carer - how many nights?
I want to make sure I am up to date with this information. My client is in receipt of DLA (mid care and low mobility) for mental health reasons. She lives in a 2 bed flat - social housing. She says one of her daughters stays overnight about 3 nights a week to keep an eye on her and they take it in turns.
Can someone advise me as to how many nights a carer has to stay overnight for her to qualify for the exemption to the under-occupancy charge? In this case it is as and when needed and available, so usually 3 nights or may be 4 per week.
Thanks in anticipation!
There is no particular number of nights - see CH/4319/2013: http://www.osscsc.gov.uk/Aspx/view.aspx?id=4255
That decision in para 14 explains that it doesn’t have to be a majority of nights, although clearly the more the better.
Thanks, Tony. That’s really helpful. I wondered what “regularly” means. The difference the nuance of one word can make!
Yes, regular care is all that’s needed. This could be once or twice a month. I think LAs are interpreting this fairly broadly, provided there is sufficient evidence to support the claim that there is a need. I’d be interested to hear how others’ are finding this is being applied in practice, though.
Our main LA is taking a ‘broad church’ approach to it too. Thankfully.
Yes, our LA has agreed one weekend a month - respite for wife of disabled person Ruth