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Forum Home  →  Discussion  →  Housing costs  →  Thread

LHA homeless hostel exception - requirement to have had a rent liability at hostel?

tbidmead
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I’ve been told that for the ‘homeless hostel’ LHA exception to apply to somebody, they must have had a rent liability at the hostel accommodation. I wasn’t aware of this and can’t find any reference to it. Can anybody shed any light?

Looking at the HB regs, my guess is that somebody has looked at reg 2 (1A), (1B), (1C) and then misread reg 2 (2). Any thoughts?

Elliot Kent
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Sorry - so is this a situation where somebody has spent 3 months living in a free hostel and now they are trying to rely on the exception?

tbidmead
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Elliot Kent - 13 January 2020 02:04 PM

Sorry - so is this a situation where somebody has spent 3 months living in a free hostel and now they are trying to rely on the exception?

Yes. 3 months in a hostel funded by a LA but no charge to the individual, moving into a 1 bed private rented tenancy.

Elliot Kent
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Thanks - I don’t really see why it would matter that rent wasn’t payable provided the other conditions are met. The exception is looking at the fact of occupation and not whether there was a liability.

It’s perhaps relevant that under the UC Regs, there is specific acknowledgment that a fully-funded hostel could count - para 29(10)(b)(ii) sch 4.

tbidmead
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Elliot Kent - 13 January 2020 02:28 PM

Thanks - I don’t really see why it would matter that rent wasn’t payable provided the other conditions are met. The exception is looking at the fact of occupation and not whether there was a liability.

It’s perhaps relevant that under the UC Regs, there is specific acknowledgment that a fully-funded hostel could count - para 29(10)(b)(ii) sch 4.

Much appreciated. Thanks Elliot.