Should new accommodation be classed as Temp

I know there are plenty of threads on this subject but I’m struggling to get to grips with this.

Tenant has decanted from HA assured tenancy property in one LA as building needs structural works exceeding 52 weeks.
Tenant placed with the same Housing Association but in a different LA under a “Temp Decant License”.
Tenant in receipt of PIP & ESA w/SDP. The HB on first property was cancelled.

I want to ask the new LA to pay HB on the “Temp” property.
The LA is arguing that the property itself is not temporary accommodation by definition.

I feel that this is going to end up being a UC claim.

Does anyone have any thoughts of a counter argument if there is one?

If this is an in-house HA decant, it will fail to satisfy either limb of the definition of “temporary accommodation” for UC purposes, which is in para 3B of Schedule 1 to the UC Regulations.  This is the definition referred to by the provisions in Regs 5 to 8 of the UC (Transitional provisions) Regs 2014 which variously allow for HB to be claimed for temporary accommodation and to remain in payment alongside UC .  The definition refers to accommodation provided either by an LA or by a registered HA:

(i) to discharge any of the local authority’s functions under Part II of the Housing (Scotland) Act 1987 , Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014 , or

(ii) to prevent the person being or becoming homeless within the meaning of Part II of the Housing (Scotland) Act 1987, Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014;

To satisfy either of those, I think the claimant needs to have presented as a homeless (or potentially homeless) applicant to the authority

Thank you for that - its kind of what the LA were saying but they weren’t convinced themselves.
I think I was asking more in hope - looks like UC it is unfortunately

Probably too late for this case, but if the HA had continued to charge rent for the dwelling undergoing works and provided the decant property free, that would have enabled HB administered by the original authority to continue.  There is no time limit on that.  But having the charges this way round and the dwellings being in different LA areas has put the claimant in a position where they need to claim UC.