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