Temporary Housing & UC Work Allowance
Happy Monday All!
I have a tenant in Temporary Accommodation, who’s housing costs are being paid by Housing Benefit but the higher work allowance has been applied on her UC award.
The UC regulations (Reg 22 (2)) and decision maker guidance (ADM chapter E2) state that the Lower work allowance should be applied where the UC award contains an amount for the housing cost. I can’t find any mention of the Lower Rate applying when there is a HB claim.
Does this mean that the tenant is entitled to the higher work allowance or am I missing something?
Unfortunately if they are in temp accommodation they are treated as though they do have UC housing costs so it’s the lower work allowance - reg 5A of the UC(TP) Regs 2014
Thanks Daphne. Must have missed this one!
Only exception would be where the temporary accommodation is also exempt accommodation, which would mean it is provided by a registered HA and the HA also provides some support. You do see this: many local authorities contract out the procurement of temp acc to HAs who then take referrals from the LA homeless section, so if the setting includes some support provided by the HA it will be exempt as well as temp acc - in that case the higher work allowance still applies.
PS - just seen your organisation, so you will know all about HALS already!