Temporary accomodation - LHA or not?

Hello,

We have a client who claimed UC in temporary accommodation before the rules changed and has continued to live there. She is being housed by one local authority in another, and receives rent statements from the local authority who are housing her.

Should UC be paid at LHA rate, or as if it were social housing?

UC have simply said: ‘Going forward your rent will be paid at £1310.30- this is the amount as people who live in temporary accommodation have the LHA rate applied to the housing amount.”. Their total lack of references to regulations etc. has me suspicious.

Any help gratefully received.

Rebecca

The part of the UC Regs 2013 that deal with housing costs is Schedule 4. In the version that is currently on the legislation.gov.uk website you can see that Part 4 of that Schedule includes temporary accommodation alongside private rented accommodation. The same rules apply for both. The specific para applying the LHA is para 25.

I think you should be applying to the LA who has placed her for a DHP to make up the shortfall.

From 11 April 2018 any person who was on Universal Credit and already in Temporary Accommodation will continue to have UC meet their Housing costs until….. they have a change in rental amount, or change to service charges. If your client is able to declare a change of circumstances in their Housing rent or service charge, their UC Housing Element will cease and Housing Benefit could then be claimed for the remaining period in Temporary Accommodation. This HB would need to be claimed from the placing (for Homelessness purposes) Authorities HB Office.

So it depends on whether there has been, or will be a relevant change.

Least that’s my understanding.