Tenancy type and UC

Good morning. We are a RSL but we manage a property for the LA, it is owned by them. It has been offered to an Afghan refugee family as a introductory tenancy (between the council and the tenant)  for one year and then becomes a flexible tenancy for a period for five years.

UC are currently refusing HCs, I assume because they are classing the accommodation as temporary. Are they right?

Thanks for any advice given.

No, thats nonsense. An introductory tenancy is a perfectly standard arrangement which many LAs use and which amounts to an initial ‘probationary’ period. It is not materially different to any other type of tenancy and it generates a relevant rent liability for the purposes of the HCE.

“Temporary accommodation” has a specific meaning in the regulations which amounts to accommodation provided during the course of a homelessness application. It does not apply here, where homelessness has been resolved or avoided by arranging a council tenancy.

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I work at an RSL as well, and usually the DWP don’t look too closely at the details of the tenancy. The claimant reports that they have housing costs, and their landlord is a council or housing association. DWP ask for verification from the landlord usually via landlord portal, and assuming the landlord verifies it, housing costs will be awarded. This is normally an automated process in the UC system

I suspect that either the claimant has picked the option to say that they are in temporary accommodation, or the landlord has wrongly stated that they are in temporary accommodation.

My suggestion is that the claimant tries to report their housing costs again, as a standard tenancy and warns whoever verifies UC housing costs at their landlord

HI everyone

I apologize for cross-posting. I have a client who has an assured shorthold tenancy in a sheltered home. Their rent includes service charges, rent pay, and personal care charges. Previously, they were receiving Housing Benefit (HB), but it has been closed, and they are now being advised to claim Universal Credit Housing Element (UCHE) instead. However, the UC is advising that they are not entitled to UC housing costs because they are in a sheltered house with care costs. Has anyone had a similar case to deal with? What are your thoughts/advice on this, please?

Thank you ahead

Alki

without seeing what the rent/service charges are in respect of, and who the landlords/care provider is, its really difficult to comment . Sheltered housing can quite easily come under a general tenancy.  sheltered housing isnt always supported a/exempt accommodation, but sometimes it is!
Have you checked with HB why the claim has ended? and who is advising to claim UC?

Hi Alki,

One thing to note is that it can fall down on the UC housing costs page. So for example, if HB has been refused because the accommodation doesn’t meet the threshold of specified accommodation, but when they report on UC that it’s ‘supported or sheltered accommodation’ on UC, a little box comes up that they should claim HB. If instead it should just be treated as basic social housing, then it should be reported as that, rather than as ‘sheltered’ in the options list.

That’s not to say in this instance that it doesn’t meet the criteria but sometimes the above is the root of the confusion - a formal decision hasn’t actually been made.