Welfare benefits update: When housing costs overlap
Author: Karen Dunn, Changing Futures Welfare Benefits Team, Citizens Advice Staffordshire North & Stoke on Trent
Date: 12/08/22
Housing costs paid on two homes (overlapping liabilities) when someone is on Universal Credit (UC) and receiving Housing Benefit (HB) for their supported or temporary accommodation and they are moving into mainstream housing.
(Housing benefit Regulations 2006; UC Regulations 2013)
There are several complex situations surrounding the two homes rule so in this blog we will only be dealing with cases where the claimant is receiving UC and is getting HB because they’re living in temporary accommodation or supported accommodation.
If you’re on UC and moving from supported accommodation into standard housing, HB can be paid on your old home for up to 4 weeks from the date on which you move into your new home, as long as you’re still liable for the rent on your old home and that liability couldn’t be ‘reasonably avoided’. The 4 weeks starts from the date you move in to your new home. If there’s no rent due on the new home, HB can be paid for up to four weeks on the old supported or temporary accommodation.
When looking at whether your liability for the rent on both homes could have been ‘reasonably unavoidable’ HB must look at the facts of each individual case and consider why you needed to move; why liability for the rent on both homes couldn’t have been avoided; and the period of notice needed to end the tenancy on the old home. ‘Reasonably avoided’ is decided on the facts and any alternatives that may have been open to you. If your application on this ground is refused you can ask for the decision to be looked at again within one calendar month of the date of the decision letter or notice. If the decision remains the same you can then appeal to an independent tribunal, again within one calendar month of the date of the new decision. You should seek expert advice from your local Citizens Advice office or Law Centre.
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You’ve been living in supported accommodation for over a year and you receive HB for that home. You are on UC and receive HB for your current supported accommodation. You have a disability that affects your mobility and you experience mental ill health. You’re ready to move forward on your journey to independence and, after a long wait you’ve been given the opportunity of moving into a ground floor privately rented flat which is near all your local facilities and the weekly support group you attend. It’s also close to a family member and other services involved in your care and well-being. However you have to take up the tenancy within the next 3 days or it will be given to someone else. One bedroom ground floor flats are hard to come by and if you can’t take this tenancy on it will set you back in terms of your independence and recovery.
You may be able to demonstrate that because of the reasons set out above, you need to move in to the new flat as soon as possible which means that that there is an ‘unavoidable liability’ for the rent on both of these homes. HB may therefore continue to be paid for your old supported accommodation for up to 4 weeks, and you can claim the UC Housing Costs element for your new home from the date that you move in.
[/et_pb_text][/et_pb_column][/et_pb_row][et_pb_row _builder_version=”4.14.6″ _module_preset=”default” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.14.6″ _module_preset=”default” global_colors_info=”{}”][et_pb_text _builder_version=”4.14.6″ _module_preset=”default” global_colors_info=”{}”]Note: The rules about UC for two homes are different to the HB rules. You can only receive the UC housing costs element on two homes if you have a large family; or you’re absent from your normal home because of a fear of violence; or you’re waiting for adaptations for a disability.
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