Transcript Subject - Homeless Link

“Specified accommodation”
made simple
Geoffrey Ferres – Sitra
Paul Anderson – Homeless Link
“Exempt accommodation”
• Introduced in 1996 to protect supported
housing from new limits on Housing Benefit
for non-local-authority tenants
• Reflected the extra rental and housing
management costs of supported housing
• But the nature of much supported housing
changed after this, especially with
introduction of Supporting People
Impact of welfare reform
Benefit changes introduced after 2010 threatened
to impact upon supported housing especially:
• Universal Credit: monthly assessment and
payment; direct payment to clients as default
• Benefit cap
• Social Housing Size Criteria (“Bedroom Tax”)
Representations were made to the Government as
to the problems these could create for supported
housing providers
Government’s response 1
“This is one of the areas where there has been a
great deal of concern expressed by various groups
about the position of supported accommodation.
We are very concerned not to undermine their
position, so we will be making sure that for supported
accommodation, the structure of getting the
payments and support for their costs are not
changed.”
Lord Freud to the Work and Pensions Select
Committee 17th September 2012
Government’s response 2
1. Excluded “exempt accommodation” from the
benefit cap and size criteria changes
2. Changed regulations so Housing Benefit
would continue to be paid for claimants
living in “exempt accommodation” who were
receiving Universal Credit .
Unfortunately this left much of supported
housing uncovered. Further representations
were made to Government to this effect
Government’s response 3
“It has recently been brought to our attention that much of the
existing provision does not meet the definition of supported exempt
accommodation”
“We would like to make clear our intention to protect providers from
any unintended consequences (of Welfare Reform)”
“officials are working closely with other government departments
and key stakeholders to develop workable solutions through a
change to the definition or other means, without increased spend.
These include local authorities, the National Housing Federation,
Homeless Link, Sitra, the Chartered Institute of Housing and the
devolved administrations”
Lord Freud letter 4th April 2013
Finding a solution
• Took over a year of discussions and looking at various
options for achieving goal set by Lord Freud in his letter
• Questions in Parliament including from the Chair of the
Work and Pensions Select Committee to the Prime
Minister
• Finally legislative changes laid before Parliament on 20th
March 1014 - The Housing Benefit and Universal Credit
(Supported Accommodation) (Amendment) Regulations
2014
http://www.legislation.gov.uk/uksi/2014/771/made
Benefit cap: HB and UC
Protection from cap
from different dates:
• Housing Benefit
from 10 April
• Universal Credit
from 28 October
Four categories of Specified
Accommodation
1. “Exempt accommodation”
2. Similar supported housing but where
landlord does not provide the care,
support or supervision
3. Domestic violence refuges
4. Local authority non-self-contained
supported housing (including
hostels)
1) “Exempt accommodation”
‘Exempt accommodation’ covers
“resettlement places” and tenants whose
landlord:
• Is a housing association, an English uppertier county council, a registered charity or a
not-for-profit organisation; and
• Provides – or some person or organisation
acting on their behalf provides – the tenant
with care, support or supervision.
2) Similar accommodation
Second category covers claimants:
• Whose landlord is (again) a housing association,
an English upper-tier county council, a
registered charity or a not-for-profit organisation
• Admitted into accommodation to meet a need for
care, support or supervision
• Who receive care, support or supervision – no
matter who provides it.
4) Housing authority “hostels”
Fourth category covers tenants:
• Of non-self-contained accommodation
(such as hostels) owned or managed by a
housing authority where
• They receive care, support or supervision.
Self-contained?
Each unit would have
own facilities for:
a) Eating
b) Sleeping
c) Cooking
d) Washing (person,
not laundry!).
3) Domestic violence refuges
Third category covers claimants:
• Whose landlord is a housing authority, a housing
association, an English upper-tier county council, a
registered charity or a not-for-profit organisation
• Whose accommodation was provided because they
have left their home as a result of domestic violence
• The accommodation consists of a building, or part of a
building, used wholly or mainly for non-permanent
accommodation of persons who have left their homes as
a result of domestic violence.
Domestic violence
Any incident, or pattern of incidents, of controlling
behaviour (defined), coercive behaviour (defined) ,
violence or abuse, including but not limited to:
a) Psychological abuse
b) Physical abuse
c) Sexual abuse
d) Emotional abuse
e) Financial abuse
regardless of the gender or sexuality of the victim
Coercive behaviour
An act of assault,
humiliation or
intimidation or other
abuse that is used to
harm, punish or
frighten the victim
Controlling behaviour
An act designed to make a person
subordinate or dependent by isolating them
from sources of support, exploiting their
resources and capacities for personal gain,
depriving them of the means needed for
independence, resistance or escape or
regulating their everyday behaviour
Scenarios
1. Bronwen
2. Jenny and
Alan
Scenario 1: Bronwen
Bronwen lives in a refuge where the landlord is a
local authority but she receives support from a
local domestic violence charity.
Bronwen has fled her former home with her three
young children. She does not intend to go back.
She receives Income Support because her
youngest child is not yet five years old.
The refuge has experienced a shortfall in rent
because of the benefit cap.
Bronwen – March 2014
Income Support
Child Benefit
Child Tax Credit
HB-eligible rent
Total
Benefit cap
Housing Benefit
Child 1
Child 2 & 3
Family
Child 1-3
£71.70
£20.30
£26.80
£10.50
£156.66
£246.00
£531.96
£500.00
£214.04
Bronwen – April 2014
From April 2014 Bronwen can be paid full Housing
Benefit and the refuge will suffer no shortfall.
This would happen even if Universal Credit were
rolled out: Bronwen would claim Housing Benefit
and not receive the rent element of Universal
Credit.
At some date, probably April 2017, Bronwen may
be affected by a new system for dealing with rents
in supported housing.
Scenario 2: Alan and Jenny
Alan and Jenny live in a specially adapted, two-bedroom
flat. Alan and Jenny are married. Alan has a disability and
Jenny is Alan’s main carer. His disability means they
cannot sleep in the same room, let alone the same bed.
Alan’s landlord is a registered provider and he has a
personal budget from social services with which he
employs a personal assistant.
Since April 2013 Alan and Jenny have been subject to a
14% reduction in their Housing Benefit as the council
decided the arrangement does not fit the “exempt
accommodation” or overnight carer provisions.
Alan and Jenny – April 2014
Alan and Jenny continue to suffer a 14% Housing
Benefit reduction in spite of it now being “specified
accommodation” because their problem is with the
size criteria.
If Universal Credit were rolled out, Alan and Jenny
would claim Housing Benefit and not receive the
rent element of Universal Credit.
At some date, probably April 2017, Alan and Jenny
may be affected by a new system for dealing with
rents in supported housing.
Summaries
• Exempt
accommodation
• Care, support and
supervision
• Types of landlord
• Requirement to
receive care, support
or supervision
Only “exempt accommodation”
• Entitles claimants
to high level of
protection from
restriction of rent
for Housing Benefit
purposes
• Protects claimants
from size criteria
Care, support, supervision
Caselaw has
established the
claimant must:
• Receive a more
than trifling amount
• Which they actually
need.
Landlords by category
Landlord
English upper-tier county council
Housing association
Registered charity
Not-for-profit
Housing authority
Categories
1, 2, 3
1, 2, 3
1, 2, 3
1, 2, 3
3, 4
Receipt of care or support
Category Must receive care/support?
1
Yes
2
Yes
3
No
4
Yes