Housing Benefit forHousing Benefit forVulnerable Groups, Excluded Vulnerable Groups, Excluded

tenancies, Exempt tenancies, Exempt Accommodation Accommodation

GLASGOWGLASGOW

17thFebruary 201217thFebruary 2012Peter MeehanPeter Meehan

Vulnerable groups Vulnerable groups Regulation 13Regulation 13

Claimant, or member of their family or relative Claimant, or member of their family or relative living with them, living with them, has attained the qualifying age for pension has attained the qualifying age for pension credit credit is incapable of work (eg IB, ESA,SDA,SSP, is incapable of work (eg IB, ESA,SDA,SSP, certain pregnant women, treated as incapable of certain pregnant women, treated as incapable of work)work)treated as temporarily capable of work only treated as temporarily capable of work only because of temporary disqualification from because of temporary disqualification from Incapacity Benefit/esaIncapacity Benefit/esais responsible for a child or young person who is responsible for a child or young person who lives in the same householdlives in the same household

Vulnerable group restrictionVulnerable group restrictionRegulation 13 (cont’d)Regulation 13 (cont’d)

Only restrict if suitable cheaper alternative Only restrict if suitable cheaper alternative accommodation is availableaccommodation is available

Taking into account relevant factors, it is Taking into account relevant factors, it is reasonable to expect the vulnerable reasonable to expect the vulnerable claimant to move from their present claimant to move from their present accommodationaccommodation

Excluded claimsExcluded claims

Non-registered housing associations, non-Non-registered housing associations, non-metropolitan county councils in England, metropolitan county councils in England, registered charities and voluntary registered charities and voluntary organisations are not excluded and must organisations are not excluded and must be referred to the rent officer.be referred to the rent officer.

Excluded claimsExcluded claims

Registered Housing Association are Registered Housing Association are excluded unless the accommodation is excluded unless the accommodation is larger than reasonably required by the larger than reasonably required by the claimant and any others who occupy the claimant and any others who occupy the dwelling or the rent payable for the dwelling or the rent payable for the property is unreasonably high.property is unreasonably high.

Accommodation which does not Accommodation which does not come under LHAcome under LHA

Tenancies in the Social Rented SectorTenancies in the Social Rented Sector

Tenancies deemed to fall outside deregulated Tenancies deemed to fall outside deregulated private sector:-certain RSLs and protected cases private sector:-certain RSLs and protected cases ( otherwise known as ‘exempt accommodation’)( otherwise known as ‘exempt accommodation’)

The RO may decide whether certain cases fall The RO may decide whether certain cases fall under LHA or not--- pre 1989 tenancies; under LHA or not--- pre 1989 tenancies; exceptional cases such as caravans, houseboats ( exceptional cases such as caravans, houseboats ( including mooring charges), mobile homes and including mooring charges), mobile homes and hostels; board and attendance cases.hostels; board and attendance cases.

Exempt AccommodationExempt Accommodation

HB/CTB (Consequential Provisions) Regulations 2006 Schedule 3 HB/CTB (Consequential Provisions) Regulations 2006 Schedule 3 Para 4(10)Para 4(10)

‘‘Exempt Accommodation’ is an individual dwelling for which a Exempt Accommodation’ is an individual dwelling for which a person is liable to make payments, that they occupy as their home person is liable to make payments, that they occupy as their home and which is -and which is -a resettlement place provided by persons to whom the Secretary of a resettlement place provided by persons to whom the Secretary of State has given assistance by way of grant pursuant to section 30 of State has given assistance by way of grant pursuant to section 30 of the Jobseeker’s Act 1995 orthe Jobseeker’s Act 1995 orprovided by a non-metropolitan county council in England, a provided by a non-metropolitan county council in England, a housing association, a registered charity or voluntary organisation housing association, a registered charity or voluntary organisation where that body or a person acting on its behalf also provides the where that body or a person acting on its behalf also provides the claimant with care, support or supervision claimant with care, support or supervision

Exempt fromExempt from LHA scheme LHA scheme

a housing association ( in Scotland a housing association ( in Scotland registered with Scottish Government under registered with Scottish Government under Housing (Scotland) Act 2001)Housing (Scotland) Act 2001)A registered charity ( within meaning of A registered charity ( within meaning of charity in Part 1 of the Charities Act 2006)charity in Part 1 of the Charities Act 2006)A voluntary organisation ( defined in Reg. A voluntary organisation ( defined in Reg. 2(1) of the HB regulations 2006)2(1) of the HB regulations 2006)

Exempt AccommodationExempt Accommodation

‘‘Accommodation provider’ should be the Accommodation provider’ should be the person or organisation to whom the person or organisation to whom the tenant has the rent liabilitytenant has the rent liability

‘‘Accommodation provider’ should not be a Accommodation provider’ should not be a person or organisation that is only involved person or organisation that is only involved in arranging or facilitating the provision of in arranging or facilitating the provision of accommodation along with the care, accommodation along with the care, support or supervisionsupport or supervision

Care, Support or Supervision?Care, Support or Supervision?

must be more than minimalmust be more than minimal

must be provided directly by the landlord or someone must be provided directly by the landlord or someone acting on their behalfacting on their behalf

normally funding would also be available from either normally funding would also be available from either Supporting People or Care in Community budgets or Supporting People or Care in Community budgets or another separately identifiable funding streamanother separately identifiable funding stream

details of which are ordinarily set out in the tenancy details of which are ordinarily set out in the tenancy agreement ( although not a legal requirement)agreement ( although not a legal requirement)

Maximum rent? Subsidy?Maximum rent? Subsidy?

For exempt accommodation, the Rent For exempt accommodation, the Rent Officer determination does not necessarily Officer determination does not necessarily determine the maximum rent for HBdetermine the maximum rent for HBThe local authority may instead choose The local authority may instead choose not to restrict in which case the rent officer not to restrict in which case the rent officer determination will inform the level of HB determination will inform the level of HB subsidy : subsidy : -that part up to the RO figure=100% -that part up to the RO figure=100% -any excess above RO figure up to the full -any excess above RO figure up to the full contractual rent=60%contractual rent=60%

To restrict or not restrict?To restrict or not restrict?

Accommodation is not larger than reasonably Accommodation is not larger than reasonably required by claimant and others who also required by claimant and others who also occupy the dwelling, having regard in particular occupy the dwelling, having regard in particular to suitable alternative accommodation occupied to suitable alternative accommodation occupied by a household of the same sizeby a household of the same size

Rent payable for the property is not Rent payable for the property is not unreasonably high by comparison with the rent unreasonably high by comparison with the rent payable in respect of suitable alternative payable in respect of suitable alternative accommodation elsewhereaccommodation elsewhere