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Forum Home  →  Discussion  →  Housing costs  →  Thread

HB/UC claim - which Work Allowance?

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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This may be just Friday Fever on my part, but:

Working claimant with one child, on UC, homeless, put into temporary accom and told to claim HB.

For the Work Allowance, UC Regs say:

(2) The amount of the work allowance is—

(a)if the award contains no amount for the housing costs element, the applicable amount of the higher work allowance specified in the table below; and
(b)if the award does contain an amount for the housing costs element, the applicable amount of the lower work allowance specified in that table.

As it specifies UC housing costs element and doesn’t mention HB, can the higher Work Allowance apply?

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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If they are receiving HB for temporary accommodation they are treated as if they do have UC housing costs (reg 5A of the UC(TP) Regs 2014).

Though if it is also exempt accommodation the higher work allowance applies because exempt accommodation is excluded from the definition of temporary accommodation (Sch 1, 3B of the UC Regs 2013).

seand
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Welfare rights officer - Wheatley Homes

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tbidmead - 10 June 2022 03:30 PM

Though if it is also exempt accommodation the higher work allowance applies because exempt accommodation is excluded from the definition of temporary accommodation (Sch 1, 3B of the UC Regs 2013).

 

although it’s worth noting that the UC Guidance states that the lower rate applies to both temporary and specified accommodation. I’ve an appeal about this at the minute. See:

https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/168-Work_Allowance_and_Earnings_Taper_rate-calculating_earnings_V10.0.pdf

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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seand - 13 June 2022 09:43 AM
tbidmead - 10 June 2022 03:30 PM

Though if it is also exempt accommodation the higher work allowance applies because exempt accommodation is excluded from the definition of temporary accommodation (Sch 1, 3B of the UC Regs 2013).

 

although it’s worth noting that the UC Guidance states that the lower rate applies to both temporary and specified accommodation. I’ve an appeal about this at the minute. See:

https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/168-Work_Allowance_and_Earnings_Taper_rate-calculating_earnings_V10.0.pdf

Many thanks for this too! I’ll see what they say in the case I’m looking at.

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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seand - 13 June 2022 09:43 AM
tbidmead - 10 June 2022 03:30 PM

Though if it is also exempt accommodation the higher work allowance applies because exempt accommodation is excluded from the definition of temporary accommodation (Sch 1, 3B of the UC Regs 2013).

 

although it’s worth noting that the UC Guidance states that the lower rate applies to both temporary and specified accommodation. I’ve an appeal about this at the minute. See:

https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/168-Work_Allowance_and_Earnings_Taper_rate-calculating_earnings_V10.0.pdf

Interesting…

Temporary Accommodation can be Specified Accommodation but Specified Accommodation is not necessarily Temporary Accommodation.

I’d argue that the provisions in the TP Regs only bite for Specified Accommodation provided under a homelessness duty - not for the the more general cohort of Specified Accommodation, and they can not apply to Exempt Accommodation at all, even if it is provided under a homelessness duty. Exempt Accommodation being Specified Accommodation by definition but also being specifically excluded from counting towards a lower Work Allowance.