Transcript Peter Meehan`s slides - Coalition of Care and Support Providers in

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