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Moving out from temp accomm into standard fixed term tenancy: UC trigger or not?
Hi, I am unable to find HB guidance which confirms that moving from temporary accommodation (homelessness duty) into standard tenancy, only necessitates reporting change of circs, rather than triggers UC claim for housing costs, if the LA administering the claim remains the same.
My client is not in receipt of UC and has been placed by her LA (LA1) in another LA, due to shortage of accommodation. LA1 paid HB and then brought client back into the LA1 boundaries by offering tenancy.
I am looking for something that focuses on this change of type of accommodation because I am worried that my local HB office will bounce back saying oh, but claimant moved from temp accomm to fixed term, and she was living in another LA before, etc.
Could someone please send me references/links?
Thank you :)
Sorry if this is slightly unrelated, but is it still the case that the EDP is not paid as part of the transitional element when UC claims are made with an SDP in place?
I thought this had been rectified and the transitional element makes up the full difference?
The downside is obviously the erosion of the transitional element, but the move these days is certainly not what it was?
As the client is not getting UC as an earnings replacement benefit, they can continue with HB into standard accommodation. Afraid I can’t help in terms of legislation etc. My argument would be that it’s simply a change of address for the HB claim and the HB claim is in payment - regardless of the fact that it ‘only’ started as a Temp claim. I have previously made this argument successfully - the key is the client being on legacy benefits.
Could someone please send me references/links?
I’m afraid this is not altogether easy to reference directly. It is quite a good example of why analysing things in terms of UC ‘triggers’ is prone to leading people astray.
The relevant impact of UC on HB administration is:
1. No new claim for HB can be made (except in temporary or supported accommodation)
2. Where a person is in receipt of UC, they cannot also receive HB (except in respect of temporary or supported accommodation) (reg 5 UC (TP) Regs)
3. Where a claim for UC is made, a stop notice will be issued and the HB award must be stopped. (reg 8 UC (TP) Regs)
Otherwise, HB operates as normal.
You will note that none of those rules have any bearing at all on your client’s situation. She is not making a new claim for HB or anything else. She is not already receiving UC and she is not making a claim for it. So we just default to business as usual - which in this case is that she changes her address within the existing HB award.
Sorry if this is slightly unrelated, but is it still the case that the EDP is not paid as part of the transitional element when UC claims are made with an SDP in place?
I think perhaps you are looking for a different thread, but the quick answer is that it is still subject to litigation. The claimants succeeded in the High Court in January but the DWP are appealing, so it is still TBD.