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Top Income Support & Jobseeker's Allowance topic #4062

Subject: "SDP & Temporary Accommodation" First topic | Last topic
Margie
                              

Senior Welfare Rights Officer, prescot & whiston community advice centre
Member since
13th Apr 2004

SDP & Temporary Accommodation
Fri 25-May-07 10:49 AM

Difference of opinion in the office regarding a Cl who suffered housefire and has been given temporary hotel accommodation by the Housing Dept while awaiting a new property.
IS are refusing to pay SDP with Income Support as they class him as homeless.

Colleague swears he has seen a CD differentiating between homeless and temporary accommodation (hotel not hostel), I think the IS Section is right.

I would love to be proved wrong......anyone?

  

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Replies to this topic
RE: SDP & Temporary Accommodation, Martin_Williams, 29th May 2007, #1
RE: SDP & Temporary Accommodation, nevip, 29th May 2007, #2
      RE: SDP & Temporary Accommodation, Margie, 01st Jun 2007, #3

Martin_Williams
                              

Appeals Representative, London Advice Services Alliance- london
Member since
21st Jan 2004

RE: SDP & Temporary Accommodation
Tue 29-May-07 10:32 AM

"accommodation" is not defined in the regs.

One Commissioner decision on the issue is here:

http://www.rightsnet.org.uk/pdfs/cmmr_upload/cis/cis1677296.doc

The Commissioner finds that a car cannot constitute accommodation.

See also the CPAG case (RJM?) - although this is on whether the rules are discriminatory and contrary to HR law it may contain some other comments that could assist.

I think hotel room is definitely accommodation... why not?

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: SDP & Temporary Accommodation
Tue 29-May-07 12:45 PM

See Uratemp Ventures v Collins (HL) 2000, where it was held that a person could have an assured tenancy of a hotel room.

As usual, it will all depends on the facts.

  

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Margie
                              

Senior Welfare Rights Officer, prescot & whiston community advice centre
Member since
13th Apr 2004

RE: SDP & Temporary Accommodation
Fri 01-Jun-07 09:43 AM

Thanks to you both for the info, will pass it on and see how it flies

Marg

  

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Top Income Support & Jobseeker's Allowance topic #4062First topic | Last topic