- 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
- they intend to return home#, and meet 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 - ie. they no longer count as a 'partner' for Universal Credit purposes.
#There must be an intention to return to live in the home, for example 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 HCE 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 online UC account)
Entitled to a Housing Costs Element on both properties?
If they would be entitled to a HCE on both homes, then click
here to find out how the DWP works out the HCE in these cases.
IMPORTANT: If their UC award includes a Transitional Element then this would be eroded by the increase to their HCE. 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' - eg. 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', plus for their normal home, Universal Credit to help them pay the rent, or a government loan to help pay mortgage costs, as long as they meet the rules outlined above.
Example:
Anita normally lives in a rented social housing property and claims UC. However, she and her children had to quickly move into a refuge due to threats of violence from her ex-partner. The police are investigating and she is hoping there will be an injunction granted to keep him away. She intends to return to her home as soon as it is safe to do so, as she is close to the children’s school and family members
She makes a new claim for HB for the refuge (as it is one that 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 eight months, Anita is able to move back into her normal home and the HB paid on the refuge ends.