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Rent Issues: Supported Housing - Temporary
Special rules exist for claimants living in 'temporary accommodation':

  • Help with paying the rent on 'temporary accommodation' comes from Housing Benefit.
  • So anyone living in or moving to 'temporary accommodation' can make a new claim for Housing Benefit.
  • Although someone may be getting or need to claim Universal Credit, if they are living in or moving to 'temporary accommodation' they will continue to receive/can make a new claim for help with their rent from Housing Benefit.
  • There are strange rules that apply to HB paid on 'temporary accommodation' in relation to the Benefit Cap:
    Any Housing Benefit they receive on the 'temporary accommodation' is classed as 'welfare' for the Benefit Cap. So if they are not getting any Universal Credit their HB award could be reduced.
    BUT if they are getting Universal Credit then they are excluded from the Benefit Cap (HB Reg 75F para g lists UC as a benefit that excludes a claimant from the Cap), and whilst the HB they receive is classed as 'welfare' when applying the Cap to a Universal Credit award, UC Reg 80 para 2a states that the amount to take into account is always nil.

But not all claimants living in short stay housing will be seen as living in 'temporary accommodation' - see definition below.
Definition of Temporary Accommodation

Temporary accommodation is defined in 3B, Schedule 1 of the Universal Credit Regulations as accommodation that falls within case 1 or case 2:

Case 1 is where 
(a) rent payments are payable to a local authority; and
(b) the local authority makes the accommodation available to the renter-
     (i) to discharge any of the local authority's functions under Part 7 of the Housing Act 1996
         or Part 2 of the Housing (Scotland) Act 1987 or Part 2 of the Housing (Wales) Act 2014, or 
     (ii) to prevent the person being or becoming homeless within the meaning
          of Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland)
          Act 1987 or Part 2 of the Housing (Wales) Act 2014; and
(c) the accommodation is not exempt accommodation (click here).

 

Case 2 is where

(a) rent payments are payable to a provider of social housing other than a local authority; and
(b) that provider makes the accommodation available to the renter in pursuance of arrangements made with it by a local authority -
    (i) to discharge any of the local authority's functions under, Part 7 of the Housing Act 1996
        or Part 2 of the Housing (Scotland) Act 1987 or Part 2 of the Housing (Wales) Act 2014, or
    (ii) to prevent the renter being or becoming homeless within the meaning
         of Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland)
         Act 1987 or Part 2 of the Housing (Wales) Act 2014; and
(c) the accommodation is not exempt accommodation (click here).






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 Young people
 How HB is calculated


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