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Forum Home  →  Discussion  →  Housing costs  →  Thread

Bedroom tax and Section 117 of the Mental Health Act

adviceplus
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Rhondda Cynon Taff CBC (Welfare Rights Project)

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Total Posts: 29

Joined: 17 June 2010

Will tenants who are subject to Section 117 be liable to pay the Bedroom tax or should this be met by Health or Community Care services as part of the obligation to provide free care ?

As always many thanks in advance for your help

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Joined: 16 June 2010

It all depends on whether the accommodation is provided under s117.  The care plan will record this.  If it is, then the person cannot be charged for the accommodation so there is no liability for rent so he cannot claim HB.  The local authority has to pay for the accommodation outright.  If the accommodation is not provided under s117 then he is responsible for the cost of that accommodation in the same way that you or I would be.