Temporary accommodation and the benefit cap

Hello, I am trying to do a benefits check for a client of ours with 5 children who is doing everything she can to get money to her very unwell son who is still in the country she sought asylum from (and was granted refugee status) and am wondering if anyone of RightsNet wisdom can help me?! I’m confused about the benefit cap and whether our client is accidentally not being benefit capped, and need to find this out before pressing UC to assess her re: LCW and child benefit re: possibly not paying enough.

The client is in temporary accommodation having made a homelessness application 2 years ago after receiving refugee status, and receives housing benefit (I don’t have her exact rent costs but as we know temporary accommodation is expensive!).

From Universal Credit, she receives £1,398.63 per month (£322.76 weekly), with the child element for 4 of her 5 children living with her in the UK. No deductions have been made or the benefit cap applied, and she hasn’t been assessed for LCW/LCWRA (though we’re going to look into this).

From child benefit, she has told me that she receives £307.40 for all 5 of her children (though I thought it should be £333.01 monthly if it was £21.05 pw for the oldest child and then £13.95 pw for the next four children).

So currently, as reported by her in terms of CB and from UC statement, she receives £1,706.03 monthly, which is £393.69 per week, only £48.62 off the upper limit of the benefit cap for a single parent within Greater London, but this is not including anything she receives in terms of housing benefit (which she does, for a 2 bed flat in T/A). I can’t find any clear information on housing benefit paid on T/A being exempt from the benefit cap, but it seems as if must be (is T/A classed as specified or supported exempt accommodation?) as otherwise all clients in T/A would be benefit capped.  Could anyone advise on how the benefit cap applies to housing benefit paid on T/A for UC claimants?

Thank you in advance!

The benefit cap can either be applied through HB or through UC. When someone is entitled to both UC and HB, the HB is ignored for the UC benefit cap calculation, and the benefit cap within HB does not apply altogether.

See Reg 80(2A) here and Reg 75F(1)(g) here.

The difference in the Child Benefit figures is that she has told you the 4-weekly amount (which is what she would be receiving). UC will use the monthly amount however for the benefit cap calculation.

Hi Charles, thanks so much that’s so useful and finally offers some clarity for me on the issue of HB for people in T/A! I also hadn’t clocked that the CB figure is 4-weekly rather than monthly. Thank you very much!