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Definition of Supported Accommodation
Hello
I am unsure whether to apply for Housing Benefit or Universal Credit for a client.
If the place they are moving into is classified as “supported accommodation” we should apply for Housing Benefit.
The definition of supported accommodation is that the landlord provides “care, support or supervision” or has “arranged for it to be provided”.
The client has service charges for gardening, window cleaning, cleaning of communal areas, fuels costs for communal areas, furniture and white good provision. However, the landlord does not pay for any carers. Does this count as “supported accommodation”?
Thanks
“Specified Accommodation” is accommodation provided by a relevant body to meet your need for, and where you get, care , support or supervision.
p170 CPAG handbook
• The care, support or supervision must not be a ‘trifling’ amount – it must make a difference to the claimant’s ability to maintain the tenancy.
• It’s not enough that the care, support or supervision is available, the claimant must actually take advantage of it – or, if the benefit decision is being made at the beginning of the tenancy before there is any evidence, it must be likely the claimant will do so.
• The claimant must actually need the care, support or supervision – if it’s provided and the claimant does not actually need it, it doesn’t count.
National Housing Federation Briefing:Specified Accommodation Definition 10 August 2018
So I think it is UC I’m afraid.
I would want a few more details before I make that call, as there are other provisions that would point to HB rather than UC.
Is this temporary accommodation for instance?
A few more details about the nature of the tenancy/accommodation would be useful.
I would want a few more details before I make that call, as there are other provisions that would point to HB rather than UC.
Is this temporary accommodation for instance?
A few more details about the nature of the tenancy/accommodation would be useful.
The accommodation is not temporary. The client has a bedroomn to herself and the other rooms are shared. The client does not meet the SDP criteria.
Whether accommodation is still covered by HB is rarely a controversial issue, at least in these parts. Most councils will be fully aware of which properties in their area they consider to be exempt. They probably have a master list somewhere. The landlord will also almost certainly be aware if their property is accepted as supported. It is usually the sort of thing which comes about through prior negotiation long before your client moves in. And if the property is supported, you would expect that the first element of “care, support or supervision” that the landlord would provide would be to get the HB claim put in ASAP.
So I would suggest asking the council and/or landlord how the property is treated in the first instance.
It would only be if the council says that the property isn’t covered by HB and your client wishes to argue that it ought to be that you would need to dig too much into the specific rules.
Even if the landlord itself doesn’t provide care/support/supervision, it can still be specified accommodation attracting HB instead of UC if someone provides support etc, but the accommodation does need to be provided by the right kind of landlord (a non-profit body). So to give you better advice, can you say:
- who is the landlord?
- is there a third party care/support provider other than the landlord, eg personal care service commissioned by Adult Social Care?
- what issues does your client have that mean s/he needs care/support etc?
Does the tenancy not also have to be awarded on the basis of your care/support needs?
Jim
Does the tenancy not also have to be awarded on the basis of your care/support needs?
Jim
Depends which category. One of the categories of specified accommodation requires that the claimant was admitted to the accommodation in order to meet a need for care, support or supervision. Others merely require that it is provided
Hi all
just wondering if the recent UT court decisions as below have any significance for HA’s with residents in exempt accommodation ?
“CH/28/2019, CH/31/2019, CH/34/2019 and CH/36/2019
Link between provisions relating to ineligible service charges and definition of exempt accommodation / consideration of what constitutes ‘general counselling or any other support services’
[2019] UKUT 304 (AAC)”