Any thoughts on this?
I've just been asked for advice for a couple (married, no separation) who are moving into supported accommodation. The accommodation providers are refusing to give a joint tenancy, and say that they must give two individual tenancies ( I think that this is because they have both been assessed individually as requiring the supported accommodation). As a consequence of this, they will supply two rooms instead of the usual one. The couple will use one as a bedroom and one as a living room. Obviously two rent payments will be incurred as a result.
It is not residential care, so the benefit claims will be made as a couple. Is HB payable to cover, what is in effect, a double liability?

Unless I've missed something I don't THINK it should be a problem. They will be assessed as a couple in terms of their needs and resources, and I do not see the fact that they happen to have individual tenancies should be particularly problematic in the circumstances. Their accommodation it its totality is not too large under the Rent Officer size criteria.

I agree with Andy, it shouldnt be a problem as the accommodation is not over accomodated and presuming the rent is not deemed unreasonably high (which shouldnt happen as I assume the property has been identified on a person centred basis and there wont be any other suitable accommodation) the liability to pay benefit separately should be OK.

There also shouldnt be a double liability as the total cost of the provision of the accommodation inclusive of service charges will presumably be separated between the two tenants, i.e. if it was a joint tenancy the rent would be approximately double to account for total lease/mortgage/rent costs, service charges, manangement charges etc. payable by only one rent.

Looking at this from the point of a 'decision-maker', you might have a problem.... The problem relates to how the 'rooms' are classified, and whether the couple occupy one 'dwelling' or two!!!

S 130 (1) (a) states that HB is only payable in respect of a dwelling, and HB regs 5 (1) and 10 (1) confirms that HB is payable in respect of a 'dwelling', not 'dwellings'...I would suspect that if the two 'rooms' have been valued for Ctax as separate dwellings, you will encounter problems... If however, the property is a HMO then it is unlikely to be an issue.

However, the issue of the 'two' separate tenancy agreements are likely to cause some confusion at the LA concerned, and you might need to argue that the rent is aggregated, using reg 10, (stating that the rental liability is for one dwelling). However, this too might cause problems... Not in HB, but perhaps in the wider ‘welfare rights’ sence…

If there are ineligibles in the rental charge, there will be too sets of deductions that will be made, as if the couple were single, (for water rates, heating/lighting etc), but their income (presumably other state benefits), would be assessed by other sections of the DWP on the basis of a couple... That would appear unfair… One couple, one income, yet two sets of ineligible deductions?

Many years ago - pre SP - I won a case at SSAT that stated "a married couple was not a couple for benefit purposes."

Involved couple going into one bed two person self contained accommodation that was a purpose buillt care home.

Decision meant wife went on care home rates, husband got HB, kept pension and attendance allowance.

I am puzzled why housing and suppport and care are not being treated separately. Housing is clearly a one bed two person disabled adapted as needed, support and care packages should then be individually assessed.

Since when do support providers give tenancies? Is there some confusion of pre and post SP practices going on? Is it a hostel with only rooms in it?

A call to the SP team might not go amiss...

I do recall several cases along those lines, concerning elderly couples who went into the same care home - they were eventually treated as seperate claimants after a Commissioner defined living together as man and wife as living in your own self contained home, behind your own front door, and with all the basics of life - a kitchen, bathroom etc - which in a care home one is obviously not.

Would the same logic not apply to this situation - the couple are seperately renting two rooms (equipped with what?) and will be charged individually as any other tenant would be - how they chose to furnish those rooms is immaterial - legally, they are still living in two seperate dwellings, and therefore the couple cannot be said by any stretch of the imagination to be living together as man and wife.

Therefore are you not looking at not just seperate HB claims but also seperate I/S or whatever other benefits they were receiving.....

Following Mike's point, i had an income support appeal with similarities to above last year with the exception that firstly the couple had been estranged and he subsequently moved into her place as a carer.Anyway both Stainsby and Jimpin (poole social services etc) came up with some really good advice and case law in reply to my plea for help on the rightsnet which is even more specific to the circumstances of this scenario, that proved successful for separate benefit claims for my client and her carer (husband) eg Income support .
As i tap the keyboard at my local library, my current email access is patchy i can't remember the specific case law and can't access it until i get home.
Hopefully Stainsby or Jimpin will see this specific discussion.

Hi Claire the relevant caselaw for income support is R(IS)15/93