LHA extra room rate

dmg24

Here we go Careful, this is what you need to quote:

MRC/ HRC is sufficient evidence for a need for overnight care.

With regard to the provision of care:

In some cases overnight care will be provided informally, perhaps by a member of the family. Customers with such informal arrangements can also benefit from the new provision (provided that the carer continues to live elsewhere). LAs should use their discretion in each case to decide what supporting evidence, if any, is needed, considering the informality of the arrangements.

http://www.dwp.gov.uk/docs/a3-2011.pdf

the_devil_made_me_do_it

All these new changes to the benefit system is very confusing & I can imagine even LAs finding it all confusing aswell. I think these changes are going to cause people to lose out & be confronted with a constant battle.

All the resource centres will no doubt be overwhelmed with people trying to get their benefits or tax credits sorted out.

Richie-from-the-Boro

Found what I was looking for in #10 above where I say ' Must regularly stay overnight ' and it's just as vague as it always was.

Overnight regular care is not prescriptive and so does not specify max - min number of sleepover nights. However the use of the bedroom by the carer should be frequent and not occasional. I can find no guidance on whether or not one night per week regularly constitutes regular .. .. or if that would be interpreted by the LA as an infrequent use of the room. So it will again be left to LA's discretion to decide that evidence from a third party of overnight care needs is / is not required.

Anyone else help ? - I'm off to watch MU !

RazWaz

dmg24 wrote: »

I'm sure I have seen official guidance that states MRC/ HRC would be sufficient evidence. Will see what I can find ...

RazWaz, you seem to be describing a mate staying over once a week. Do you have overnight needs, or does it just suit for them to stay because they're been there late? By overnight, do you wake during the night and need help to settle again, or do you need help with bathroom needs etc? You will not qualify just because you go to bed late.

I get pain attacks that only occur in the late evening before I go to bed, or around an hour or so after I've fallen asleep (the pain wakes me up). When this is happening I am unable to think clearly because of how intense the pain is, I get dizzy (I often fall over and have fallen down the stairs before). Sometimes I pass out, I'm unable to tell if I've taken the right painkillers and can overdose (co-dydramol). I also throw up a lot. I've strained several muscles and cracked bones during attacks and not even noticed, several times I end up in A&E. I also can't communicate during attacks (I'm deaf and lip-read but my vision goes blurry, the little hearing I do have also cuts out randomly).

So no, it's not just a mate staying over thank you.

Elle7

How do you know how many rooms you are entitled too? I've tried asking the council but have had no response, and the online checker doesn't seem to take disability into account.

I'm 20, and currently live in a shared house. I've just been awarded mid-rate care, and need to move very soon (I've got a viewing tomorrow, so I'm hoping to have the information before then) I also have someone who provides overnight care (resettling me, giving me tablets, helping with pain, possible toilet help etc) but who will not live with me.

LHA seems to make it so complicated...

dmg24

Richie-from-the-Boro wrote: »

Found what I was looking for in #10 above where I say ' Must regularly stay overnight ' and it's just as vague as it always was.

Overnight regular care is not prescriptive and so does not specify max - min number of sleepover nights. However the use of the bedroom by the carer should be frequent and not occasional. I can find no guidance on whether or not one night per week regularly constitutes regular .. .. or if that would be interpreted by the LA as an infrequent use of the room. So it will again be left to LA's discretion to decide that evidence from a third party of overnight care needs is / is not required.

Anyone else help ? - I'm off to watch MU !

I would say that at this stage they would look to other benefit legislation/ precedent as a means of interpretation. So for DLA regular care would be more than half the week/ more often than not, definitely more than one night!

Elle7 wrote: »

How do you know how many rooms you are entitled too? I've tried asking the council but have had no response, and the online checker doesn't seem to take disability into account.

I'm 20, and currently live in a shared house. I've just been awarded mid-rate care, and need to move very soon (I've got a viewing tomorrow, so I'm hoping to have the information before then) I also have someone who provides overnight care (resettling me, giving me tablets, helping with pain, possible toilet help etc) but who will not live with me.

LHA seems to make it so complicated...

You would be entitled to the two bedroom rate when you move.

Elle7

dmg24 wrote: »

I would say that at this stage they would look to other benefit legislation/ precedent as a means of interpretation. So for DLA regular care would be more than half the week/ more often than not, definitely more than one night!



You would be entitled to the two bedroom rate when you move.

Thank you so much, that's really appreciated.
Is it possible to get the council to agree this before I go, or do I need to just do it and then apply?
(I haven't done this before, a bit nervous!)

Richie-from-the-Boro

Elle7 wrote: »

How do you know how many rooms you are entitled too? I've tried asking the council but have had no response, and the online checker doesn't seem to take disability into account.

I'm 20, and currently live in a shared house. I've just been awarded mid-rate care, and need to move very soon (I've got a viewing tomorrow, so I'm hoping to have the information before then) I also have someone who provides overnight care (resettling me, giving me tablets, helping with pain, possible toilet help etc) but who will not live with me.

LHA seems to make it so complicated...

You, like everyone one else in the case of overnight care are allowed +1.

single 1+1
married 1+1
two little kids 1+1
two grown kids 2+1
three grown kids 3+1

Your question on a ' shared house ' is more or less the same criteria. It would depend on how many non resident carers were staying overnight. For example one overnight carer providing for five clients or 5 overnight carers providing for five clients.

Richie-from-the-Boro

dmg24 - #17, """ I would say that at this stage they would look to other benefit legislation/ precedent as a means of interpretation. So for DLA regular care would be more than half the week/ more often than not, definitely more than one night! """

- agreed #1 QuantumSuccess does not even appear to fit into the criteria called ' regular & frequent ' and thus far does not get through the first objective hurdle, let alone the subjective discretionary rules.

Careful_with_that_Axe

dmg24 wrote: »

Here we go Careful, this is what you need to quote:

MRC/ HRC is sufficient evidence for a need for overnight care.

With regard to the provision of care:

http://www.dwp.gov.uk/docs/a3-2011.pdf

Thank you for that.

This legislation doesn't actually apply to me at the moment for various reasons, but in the conversation with the LA, it felt like they were saying they were going to try to find ways not to pay it without a heavy weight of evidence that the legislations didn't seem to support. Made me interested to find what the legislation actually said and how it was being applied.

Never know when you might need the info!