Shared room rate, UC and SDP

Hi all.

I have a client who is under 35. He has a single claim for UC (no current housing costs as he is homeless). He has been awarded the standard rate for daily living for PIP. Now I have probably got this all wrong but if he was on ESA and not UC he would get the SDP. If they received the SDP he would be exempt from the shared room rate of LHA. But as no SDP can be paid with UC client he can only get the shared accommodation rate.

I realise that they could claim dHP and LCW, but I must be overlooking something.

Anyone have any answers?

Thanks

The exception to the shared room rate under UC is actually more generous than the legacy exception for SDP claimants. Provided that they are getting PIP daily living, they will be exempt and will get the one bed rate.

UC are absolutely awful at making sure that the exceptions are actually put into effect so it will need to be chased up.

its not just the d=severe disability premuim which means the shared room rate doesnt apply -  - if your customer gets PIP, then the shared room rate wont apply - also if he has been in hostels for a total period of 3 months, then they will be exempt from the shared accommodation rate.

Even if you are single and under 35 with no children, your Local Housing Allowance will not be restricted to the shared accommodation rate, if you:

get the severe disability premium in your benefit
receive the middle or higher rate care component of the Disability Living Allowance or the daily living component of Personal Independence Payment or Armed Forces Independence Payment
are aged under 22 and have been in care
are 25 or over and have spent at least three months in a homeless hostel or; hostel specialising in rehabilitating and resettling within the community. To benefit from this exemption you need to have been offered and accepted support services to enable you to be rehabilitated or resettled in the community.

hi all

I have now also got this:

https://www.legislation.gov.uk/uksi/2013/376/schedule/4/made

Renters excepted from shared accommodation
29.—(1) “Excepted person” means any renter (“E”) who falls within any of sub-paragraphs (2) to (9).

(2) In relation to England and Wales, E is at least 18 but under 22 years old and—

(a)was formerly provided with accommodation under section 20 of the Children Act 1989(12) (which makes provision for local authorities to provide accommodation for certain children); and
(b)was living in such accommodation on E’s 16th birthday.
(3) In relation to Scotland, E is at least 18 but under 22 years old and—

(a)was previously provided with accommodation by a local authority under section 25 of the Children (Scotland) Act 1995(13) (provision of accommodation for children etc); and
(b)was living in that accommodation on E’s 16th birthday.
(4) E is at least 25 but under 35 years old and—

(a)has, for a total of at least 3 months (whether or not continuously), lived in one or more hostels for homeless people; and
(b)whilst E was living in such a hostel, was offered and has accepted services which the Secretary of State considers are intended to assist E to be rehabilitated or resettled within the community.
(5) E is under 35 years old and is in receipt of—

(a)the care component of disability living allowance at the middle or highest rate;
(b)attendance allowance; or
(c)the daily living component of personal independence payment.
(6) In relation to England and Wales, E is under 35 years old and is the subject of active multi-agency management pursuant to arrangements established by a responsible authority under section 325(2) of the Criminal Justice Act 2003 (arrangements for assessing etc. risks posed by certain offenders)(14).

(7) In relation to Scotland, E is under 35 years old and is the subject of active multi-agency risk management pursuant to arrangements established by the responsible authorities under section 10(1) of the 2005 Act (arrangements for assessing and managing risks posed by certain offenders).

(8) In relation to Scotland, E is under 35 years old and—

(a)section 10(1) of the 2005 Act does not apply to E by reason only of the fact that section 10(1)(b) or (d) has not been brought fully into force; and
(b)E is considered by the Secretary of State to be a person who may cause serious harm to the public at large.
(9) In relation to Scotland, E is under 35 years old and—

(a)section 10(1) of the 2005 Act does not apply to E by reason only of the fact that section 10(1)(e) has not been brought fully into force; and
(b)by reason of an offence of which E has been convicted, E is considered by the Secretary of State to be a person who may cause serious harm to the public at large.
(10) In this paragraph—

“the 2005 Act” means the Management of Offenders etc. (Scotland) Act 2005(15);“care home”, “registered charity” and “voluntary organisation” have the meaning given in Schedule 1;“hostel” means a building—
(a)in which there is provided, for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both; and
(b)which—
(i)is managed or owned by a provider of social housing other than a local authority, or
(ii)is operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency or a local authority, or
(iii)is managed by a voluntary organisation or a registered charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; and
(c)which is not a care home;
“hostel for homeless people” means a hostel the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.

Thanks

Justin