Claimant moving from HB to UC and overlapping tenancies

I’ve had a query raised about a claimant in a full UC area who currently is in supported housing so housing costs met by HB. He is moving to an unsupported tenancy and there is an unavoidable overlap.

My reading of the regs is that if he moves into the new tenancy UC should cover the housing costs for that as he will be liable for rent and occupying the accommodation as his home (reg 25 of the UC Regs)

If he has left the old tenancy reg 7(6)(d) of the HB Regs 2006 allows him to be treated as occupying the dwelling as his home for up to 4 weeks and therefore he should be able to get HB for it. It doesn’t matter that he’s not getting HB for the new one but UC instead.

Do others agree or have I missed something?

I think that is absolutely correct.  All the normal HB rules apply to specified accommodation in just the same way they always did.  In the case of an existing UC claimant (which I think this person is, right?  He is on UC already while living in spec acc?) this is covered by Reg 5(2) of the UC(TP) Regs 2014: the fact that the claimant is entitled to UC does not prevent him/her from being entitled to HB in respect of specified accommodation under the same rules that apply to non-UC claimants, including being treated as occupying two dwellings under Reg 7(6).  Granted s/he cannot get HB for both of them, but Reg 7(6)(d) works just as well where one of the dwellings is covered by UC.

Thanks - that’s great - yes he is already on UC and in specified accommodation so housing costs covered by HB