Hi,

Am just seeking to clarify something regarding an HB Regulation. It's to do with ineligible service charges and relates to the HB Regs, schedule 1, part 1, paragraph 1(a)(iii).

My reading of this is that it's an inelgible charge if it relates to a person's dwelling.

My question is, does the same reg apply to communal areas?

A local authority are stating that a television licence for a television in a communal area at an extra care scheme is inelgible and are using the above reg as the basis of their decision. Just wanted to clarify this if possible.

Any comments, advice, etc gratefully received as always

John

My reading of Sch 1, para 1, is that all the listed charges are ineligible, irrespective of whether they are dwelling specific, or communal.

In my view, the definition of "services" and "service charges" supports the above interpretation. Under "old" HBR 12(7) (i.e. the version in Sch 3 of the HB & CTB (Consequential Provisions) Regulations 2006), the definitions are:

"services" means services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling."

Given the express mention of TV licences in para 1 of Sch 1, I think it indisputable that a TV licence counts as a "service" within the meaning
of "services".

"service charges" means periodical payments for services, whether or not under the same agreement as that under which the dwelling is occupied, or whether or not such a charge is specified as separate from or separately identified within other payments made by the occupier in respect of the dwelling.

This definition appears to allow for the possibility of there being charges "...in respect of the dwelling" and otherwise.


In short, I think the LA is correct. Even if para 1(a)(iii) doesn't catch it, I think it would be difficult to argue the charges are "connected with the provision of adequate accommodation" (para 1(g)),

As an aside, I have known it be argued "it's a communal charge, therefore it must be eligible". That plainly cannot be correct, otherwise there would not be the express references to "communal" in respect of specific services, such as fuel and cleaning. The absence of the term "communal" means ANY charges under, for example, para 1(a), are ineligible, unless expressly excepted.

One other thing. The info given indicates the scheme being referred to would fall to be described as "sheltered accommodation". If that is correct, ROOMS of common use are communal for HB purposes - this is in addition to hallways / access areas). This means fuel costs for heating / lighting etc in respect of such areas are eligible for HB, as are cleaning costs. Such rooms may include lounge and/or dining areas.

If it is not "sheltered accommodation", costs in respect of rooms of common use are NOT eligible for HB - the eligibility would only extend to hallways / access areas.

Thanks for the prompt detailed response Kevin.

You're right, it is sheltered accommodation. The cleaning, lighting and heating of the communal areas isn't a problem, HB aren't disputing this and this is being taken into account in the HB assessments.

It was only the television licence that was confusing me but when I've looked at your posting and the actual reg, I think I am inclinded to agree with your interepretation.

Thanks again

John