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UC Housing Element on Mobile Homes

Dark Magician
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The Disability Law Service

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Joined: 25 March 2020

Could anyone point me the right direction as to UC and how it deals with Housing element for mobile homes please?

I have a client who wishes to house his disabled daughter in a mobile home on his own property and claim UC Housing element.

Many thanks.

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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UC will pay for the site on which the mobile home stands and, if there is a separate licence agreement for the mobile unit, that as well.  The two amounts are aggregated and compared with one LHA amount.  In this case, there will probably be a single combined amount for the mobile unit and the ground it stands on I imagine, so it will just be a simple private tenant calculation: full rent or LHA, whichever is less.  Unlike HB, there is no specialist individual Rent Officer valuation of the mobile home, in UC the LHA applies.  See paras 6 and 22-25 of Schedule 4 to the UC Regulations.

There are a couple of hurdles to overcome first though.  DWP might say the arrangement is not on a commercial basis - Reg 25(3) ; and the fact that the mobile home is on land attached to the father’s home (I think??) might cause DWP to look at para 5 of Schedule 2 which says the claimant is treated as not liable to make payments if the landlord is a close relative who “lives in the accommodation” - so it depends where the accommodation starts and ends.  Shouldn’t be a problem if the mobile home is completely self-contained and she does not spend significant amounts if time in the main house.  Commerciality is a bigger problem.  There is a lot of case law in which HB claims failed in similar circumstances, and one where HB was allowed.  You will want to focus on the supportive case of course, so here it is: 2012 UKUT 12 AAC.  See paragraph 12, where commerciality is dealt with rather superficially - but beware a wheelbarrow full of cases that went the other way, which DWP might or might not know about.

Dark Magician
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The Disability Law Service

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Joined: 25 March 2020

Many thanks for the speedy reply.

Much appreciated.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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We do a factsheet on Park homes although it’s aimed at people living in them, rather than the people who own them of course.

However, it appears that to show this is a commercial arrangement, rather than a contrived liability, then he’s going to need to understand the Mobile Homes Act 1983 I would imagine.

There is more information on Gov.uk Park homes and he might want to contact Lease who can offer free advice.