- They are having to live away from their normal home and it is at the present time unreasonable to expect them to return on account of the claimant’s reasonable fear of violence^ in the home, or by a former partner^^, against the claimant or any child or qualifying young person for whom the claimant is responsible, AND
- The claimant intends to return home#, & meets the payment and liability conditions of both properties, AND
- It is reasonable to include an amount in the award of Universal Credit for both properties.
^The claimant does not have to have actually suffered violence - but must have a reasonable fear that it may occur.
^^If the fear of violence is when they are in their normal home, then the fear could be from anyone. Where the fear of violence is when they are outside their home, then it has to be from the former partner i.e. they no longer count as a 'partner' for Universal Credit purposes.
#There must be an intention to return to live in the home eg when it becomes safe to do so. If at any point the claimant decides that they no longer wish to return, help with both properties will end and their Universal Credit claim will only include a Housing Costs Element for the home they are now living in for the whole of the
Monthly Assessment Period in which they made that decision.
Please see standard letters UCOH1, UCOH2, UCOH3 and UCOH4 - click
here.(Note - the claimant should make this request through their on line UC account)
Entitled to a Housing Costs Element on both properties?
If they would be entitled to a Housing Costs Element on both homes, then click
here to find out how the DWP work out the Housing Costs Element in these cases.
IMPORTANT: If their UC award includes a Transitional Element then this would be eroded by the increase to their Housing Costs Element. Click here for more information.
What if one of the properties is 'specified accommodation' or 'temporary accommodation'?
Where one of the properties is 'specified accommodation' for example a domestic violence refuge or '
temporary accommodation', then the claimant will be able to claim Housing Benefit to help them pay the rent on that 'specified accommodation' or 'temporary accommodation', and Universal Credit to help them pay the rent, or a government loan to help pay mortgage costs, on their normal home as long as they meet the rules outlined above.
Example:
Anita and her partner were claiming Income Based JSA, Child Tax Credit and HB. Due to actual violence from her partner she flees her normal home (rented from a social housing provider).
She moves to a different Local Authority area into a refuge - although she hopes to return home when she can as she has a lot of family support there.
The separation triggers the need for her to claim UC (as the joint claim CTC ends) - this ends both the JSA and HB on her normal home (although she should be entitled to the UC Transitional Housing Payment i.e. two week run on).
She makes a new claim for HB for the refuge (as it is classed as specified accommodation). And because the DWP accept that she should still be treated as occupying her social housing property due to the fact she is fleeing violence and intending to return, her UC award also includes a Housing Costs Element for her normal home.
After 8 months, Anita decides to move back into her normal home - she stays on UC and the Housing Costs Element continues, but any HB paid on the refuge ends.