Hi,

Advice please! I am currently working with a group of older people who are being temporarily moved from their homes whilst extensive renovations and improvements are made to their homes. When the improvements are done, all will return to their original homes. The tenancy agreements will not change, i.e. the tenancy details will be for the original property not the temporary property, the rent will be the same for the temporary property so HB should continue to be paid as normal as it will be treated as a temporary absence. My question is, how is Council Tax Benefit treated - is it treated the same as HB, i.e. they will continue to be paid CTB in respect of their original property or will they have to apply for CTB in respect of the temporary property?

This is a tricky one.
Normally you can only get CTB for the property which is your "sole or main" residence. So, you'd have to work out which accommodation was your tenant's main residence and they could claim CTB for that one.
But, you might want to look up the rules on liability for council tax. It's not impossible to be liable for council tax for more than one property. Your tenants might find themselves landed with two council tax bills, because they are at the top of the 'liability hierarchy' for two properties.

If my memory serves me correctly, tenants cannot have two CTB liabilities at the same time because the hierarchy specifies "tenancy AND residence" so although they could have 2 tenancies they can only be resident in one at a time.

As these are going to be "extensive renovations" i'm assuming that the houses won't be fit to live in while they're being done?

Can't a council tax exemption for the property be sought while they are unoccupied and being renovated?

It's been a while since I delved into the murky world of Council Tax but from memory, if the property that they have left is empty of furniture then it should be exempt from Council Tax (Class C) for up to 6 months. If that is the case then there would be no Council tax charge for them to need to claim Council Tax Benefit on and they would be free to claim CTB on their current residence.

s131(3) Social Security Contributions & Benefits Act 1992;

"....is for the day laible to pay council tax in respect of a dwelling of which he is a resident..."

Finally managed to look it up.

The Council Tax Benefit arrangements are not equivalent to Housing Benefit in this case. It is because liability would be different.

Liability is governed by section 6(2) of the Local Government Finance Act 1992. Which lists a hierarchy of persons liable for Council Tax.
Paragraphs (a), (b), (c), (d) and (e) of this act are restricted to residents. Paragraph (f) refers to an owner. Your tenants cannot be classed as resident in both properties at the same time so can only be liable for one council tax.

I would hope that the local authority would rule that whilst the property is undergoing renovation, liability reverts to the owner and that the 6 months exemption would apply.