Housing Benefit/Universal Credit : Supported Exempt Accommodation and Temporary Accommodation Peter Meehan CIH Scotland/HSEU Edinburgh 20th March 2014

Temporary Accommodation and Supported Exempt Accommodation Different definitions and legislative provisions for each distinct category of claim. Important to know and understand the rules that apply to each, especially as we move forward towards roll out of Universal Credit

Supported Exempt Accommodation (SEA) Housing Benefit and Council Tax Benefit ( Consequential Provisions) Regulations 2006, Schedule 3, para 4(10) ‘Exempt Accommodation’ is an individual dwelling for which a person is liable to make payments, that they occupy as their home and which is - a resettlement place provided by persons to whom the Secretary of State has given assistance by way of grant pursuant to section 30 of the Jobseeker’s Act 1995 provided by a non-metropolitan county council in England, a housing association, a registered charity or voluntary organisation where that body or a person acting on its behalf also provides the claimant with care, support or supervision

Exempt Accommodation criteria a non-metropolitan county council in England ( defined in Local Govt Act 1972) a housing association ( as defined in Housing Associations Act 1985) A registered charity ( within meaning of charity in Part 1 of the Charities Act 2006) A voluntary organisation ( 9 defined in Reg 2(1) of the HB regulations 2006)

DWP Research Report 714 Exempt and Supported Accommodation Section 1.2 ‘The HB regulations refer to the ‘accommodation provider’, but there has been some debate about what this actually means. It should be interpreted as the landlord to whom the tenant is ultimately liable to pay rent. It does not include a managing agent (eg ALMO) or an organisation responsible for brokering or facilitating the housing or care arrangements

Care, Support or Supervision? must be more than minimal must be provided directly by the landlord or someone acting on their behalf normally funding would be available from either Supporting People or Care in Community budgets or another separately identifiable funding stream details of which are ordinarily set out in the tenancy agreement ( although not a legal requirement)

Supported Exempt Accommodation : HB Subsidy Council owned and managed - cannot be exempt so not applicable non- housing association cases (ie charitable or voluntary organisation) – 100% subsidy for HB up to Rent Officer figure + 60% of any remaining HB in excess of that figure. HA landlord – as long as charge is not unreasonable or accommodation overlarge then no requirement to refer to the Rent Officer so full 100% subsidy available

Current HB Subsidy provisions for TA leased by the council Covering the full HB awarded or 90% of LHA (rate as at Jan 2011) + £60 per week in respect of management fee or £375 per week whichever is the lowest figure

Current HB Subsidy provisions for TA owned by the council No upper limit in Scotland Under occupation deductions apply Ministers have rejected repeated representations from COSLA and Scottish Government to introduce under occupation exemption for council owned TA.

Temporary Accommodation under Universal Credit? Will remain outside of Universal Credit with Housing Benefit continuing to provide assistance with rental charges for existing TA residents and any new residents not yet receiving Universal Credit. As Universal Credit rolls out, any new TA resident will have their housing element restricted to LHA level, including Shared Accommodation Rate, but paid directly to their landlord for the first 4 months after which consideration will be given to an ongoing ‘managed payment’ arrangement. A separate, reduced management element of £45.00 per week will be paid directly to the LA ( thereby keeping it out of the Benefit Cap) while the TA resident is also receiving UC.

Supported Exempt Accommodation under Universal Credit and beyond? Housing Benefit will continue for all Supported Exempt Accommodation (SEA) for the foreseeable future, even if the claimant does receive Universal Credit. Ministers have rejected representations to exempt council owned Supported Accommodation, which by legal definition cannot be classed as SEA, from the bedroom tax. Longer term solution is localisation of housing cost support for residents of supported accommodation

Lord Freud letter : April 2013 ‘You will be aware that we have put in place arrangements to ensure that our reforms meet the needs of those using supported exempt accommodation. From April (2013), this accommodation will be exempt from the benefit cap and the spare room subsidy. ‘It has recently been brought to out attention that much of the existing provision does not meet the precise definition of supported ‘exempt’ accommodation. This has, understandably, caused concern amongst providers. ‘We would like to make clear our intention to protect providers from any unintended consequences ‘Proposals will be brought forward at the earliest opportunity

The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014 A new definition, ‘specified accommodation’, will include supported accommodation that does not exactly meet the existing definition of ‘exempt accommodation’ because the landlord does not provide support (or have it provided on their behalf).

continued ‘Specified accommodation’ will cover domestic violence refuges provided by local authorities and certain third sector providers, and also local authority hostels where residents receive care, support or supervision

Amendments to the Housing Benefit Regulations 2006 Exemptions from the benefit cap to be widened to cover not just ‘exempt accommodation’ but that new category of supported housing, ‘specified accommodation’, provided, as now, by a housing association, registered charity, voluntary organisation or county council where that organisation is not involved in providing the care, support or supervision New criteria as regards the need for and receipt of care, support or supervision in order to ensure that genuine supported accommodation is correctly identified and is distinguished from standard housing with floating support

Amendments to Universal Credit Regulations –October 2014 ‘Specified accommodation’ residents will not have their housing costs met by Universal Credit but, like ‘exempt accommodation’ residents,will continue to access that help via Housing Benefit This offers protection from the benefit cap and the new direct and monthly payment arrangements that will be a feature of Universal Credit

Relevant terms and definitions ‘placed’ or ‘admitted’ ‘domestic violence’ ‘coercive behaviour’ ‘controlling behaviour’ ‘hostel’ ‘relevant body’ ‘relevant organisation’