Temporary Accommodation

Hi,

We have a client who has been placed in a Refuge for DV, from Brent to Wandsworth.

Wandsworth are paying the rent for this as HB.

Our client also gets UC.

When a client is placed in temporary accommodation is it not the placing authority that pays the HB?

Also, as I understand if our client needs to make a DHP, and gets UC, then the application would be Wandsworth, based on the post code?

Thanks in advance

Responsibility for administering the HB depends on whom rent is payable to.  If it’s a rent rebate with charges payable to Brent, Brent is responsible. If it is a housing association or a non-profit body, Wandsworth is responsible by default unless they come to an arrangement with Brent.  This is all covered in s134 of the Social Security Administration Act 1992.

Responsibility for DHPs is an interesting one.  Reg 2 of the Discretionary Financial Assistance Regs 2001 say that a “relevant authority” may award DHPs, but it doesn’t define “relevant authority”.  However, the Regs are made under the Child Support, Pensions and Social Security Act 2000 and in s69(7) of that Act a “relevant authority” is defined as “an authority administering housing benefit”.  In this case for the time being that presumably means Wandsworth, but what about general needs accommodation where HB is no longer paid?  In such cases there is no “authority administering housing benefit”.  So does it mean the authority that would have administered the HB claim if it were possible to make one?  Or does it mean the authority in whose area the accommodation is situated?  A number of London authorities have out of borough estates - for example there is a huge Newham estate at Ingrave near Brentwood.  If a tenant on UC living on that estate applied for a DHP, would it be Brentwood or Newham?  They are both “authorities administering HB” generally, but neither of them would be administering it in the particular claimant’s case!

Dear Anorak

Many thanks, and as well for the extra details in respect of the DHP

Cheers