“Temporary accommodation” which is not “exempt accommodation” - definition

Client is under 35 and in a hostel which describes itself as a “short term accommodation.”  It is a general needs hostel run by a registered social landlord.  There’s no support provided so we can’t bring it within the “exempt accommodation” definition. 

LHA rates have been applied and she been capped at the shared accommodation rate leaving her with a massive shortfall (total UC monthly payment is only £6 more than the rent).

I looked up the definition of “temporary accommodation” in the CPAG handbook (p. 487) and it says a “specified type of homeless accommodation” that is not exempt.  Does the definition get more specific than that? 

This “short-term accommodation” is self-referral so residents are not placed there by the Local Authority.  There’s no specific access criteria requiring them to be homeless, although the majority of course will have been.

We’ve applied for a DHP but I just wanted to check the TA definition in case there was any way round the LHA cap.  I know I’m probably clutching at straws but just wanted to be sure all avenues have been explored!

Thanks in advance

The definition of temp acc for UC purposes only applies to accommodation provided by or under an arrangement with a local authority for the purpose of 1996 Act homeless duties.  You can find the full definition in para 21 of Schedule 4 to the UC Regs here:

http://www.legislation.gov.uk/uksi/2013/376/schedule/4/paragraph/21

If the claimant in your case obtained the accommodation by direct access/self referral without being referred or signposted by the local authority then it isn’t temporary accommodation.  Instead, it is vanilla HA with no particular restriction of the housing element by default, although DWP does have discretion to refer very high rents to the Rent Officer for the UC equivalent of a local reference rent.

Thanks very much for this - will make a huge difference if they do end up paying ‘core rent’. Currently the hostel are looking at not taking under 35s because of it!
Jenny