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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Under occupancy reduction in HB and bedroom for a carer


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If someone receives MRC DLA and needs a room for a carer to stay overnight regularly, are they exempt from the under occupancy reduction in HB, or will they need to apply for a DHP to cover the shortfall because they need a carer overnight?

 

So, are they exempt or need to apply for a DHP? So if exempt, don't need to apply for a DHP?

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Hi I am not sure but I believe that if you need to have a carer staying over night regularly then if you would say just use one bedroom for personal use then you would be ok for 2 bedrooms but not 3 etc.

 

dpick

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I take it no one knows the answer to my question. Hopefully I will find out in the next 2 to 3 weeks as the process goes through and once I know I will return and update this thread just in case it is useful information to someone else at a later date.

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So does the under occupancy reduction in HB just not apply or would a DHP need to be applied for because they need a room for the carer?

 

A DHP wouldn't need to be applied for, if someone has an overnight carer, they'll get HB for 2 rooms. If they have a spare room, they'll have to pay the bedroom tax.

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my sister had to apply for the DHP separate it was not not automatically added with her case she has a 2 bed flat has 3 different family members who stay with her throughout the week me included.

Edited by time4change2
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Nystagmite and time4change, you have disagreed with each other. I wonder if different LA's are doing it differently, some exempting the spare room for counting as not occupied because it is being used by carers and others making you apply for a DHP to cover the carers room cost? Nothing on the web says how it should be.

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i was not disagreeing with anyone i can only tell you of my experience of it and what we had to do.

 

it might be different in different areas im based in the north west but can only tell you what we have experienced with what we had to do

Edited by time4change2
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if a claimant has one extra bedroom and: -

 

  1. can satisfy LA that an extra bedroom is required for a non-resident overnight carer, they will get an extra bedroom included in their HB, and not be subject to bedroom tax
  2. can't satisfy LA that an extra bedroom is required for a non-resident overnight carer, they will not get an extra bedroom included in their HB, and be subject to 14% reduction, but can apply for a DHP

if a claimant has two extra bedrooms and: -

 

 

  1. can satisfy LA that an extra bedroom is required for a non-resident overnight carer, they will get an extra bedroom included in their HB, but would be subject to 14% reduction, so could apply for a DHP
  2. can't satisfy LA that an extra bedroom is required for a non-resident overnight carer, they will not get an extra bedroom included in their HB, and be subject to 25% reduction, but can apply for a DHP

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

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  • 2 weeks later...

Results are in. Extra bedroom been approved for the non resident carer and the HB has been restored to full amount again. No DHP needed to be applied for. Just needed evidence from social services to say the overnight care was needed but that was easy to get.

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