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Over 35s in shared accommodation
Hi all,
Just wanted to double check that my understanding of this is correct as it seems a rare example of UC being more generous than legacy benefits?
On HB the rule for over 35s in HMOs was that they had to show that their accommodation was ‘self-contained’ (i.e. exclusive use of a bedroom and living room, exclusive use of a bedroom and bathroom and kitchen) otherwise they would be subject to the shared room rate.
However as far as I can tell this has not been carried forward to UC. I’ve checked the Shelter Guide to Housing Costs and also the Advice to Decision Makers re. Housing Costs and both seem to suggest that the Shared Accommodation rate will only apply to under 35s who are not ‘excepted persons’. As far as I can tell all single over 35s will be treated as subject to the one bedroom rate, even if they only have exclusive use of their bedroom?
If it makes any difference this is in relation to an 18 year old under a staying put agreement who I think should count as an ‘excepted person’. He only has a bedroom (which he shares with his 14 yo brother) and it seems a bit weird that the staying put tenancy could be for the same rent as a 1 bed flat.
Any thoughts would be very welcome!
There’s no mention in the UC regs or DWP guidance of whether or not the person actually lives in shared accommodation. CPAG handbook says that if shared accommodation rate does not apply, then entitled to one-bed rate even if living in shared accommodation.
See this thread for earlier comment on this topic: