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specified accommodation
I wonder if someone could clarify whether the following is specified accommodation under Sch. 1 of the UC regs.
The cl is an adult with learning difficulties and is moving into accommodation with a family (the set up is very similar to a foster placement for a child) The placement has been arranged by a charity and the claimant has to pay a contribution towards their care from their benefits and I understand the Council is making a contribution as well. Neither the charity or the Council own the accommodation, it belongs to the people providing the care.
I contacted the Council ( mentioning the name of the charity, which is well known in this part of the country) who told me that this was specified accommodation and the cl could only claim HB, not UC. (This has some obvious advantages as the existing ESA could continue with the likelihood of an SDP being included. which would exclude the cl from UC until Managed Migration)
The charity has now contacted me to say that they have been told that this is not in fact specified accommodation so the cl will have to claim UC.
Has anyone any thoughts or experiences they could share before I contact the cl and the Council?
Is it a shared lives agreement? - Seems to be paid via UC in Northumbria - https://www.rightsnet.org.uk/forums/viewthread/14645/#69226
Also see https://www.rightsnet.org.uk/forums/viewthread/13147/
Definitely not specified accommodation (wrong kind of landlord), but:
- sounds as if client is going to have an SDP as soon as she moves, and
- a person on ESA has a month to claim HB when a new liability starts, so she can establish SDP first and then claim HB backdated to tenancy date.
SDP applies because claimant is liable to make commercial rent payments to householder and therefore neither s/he nor his/her household members count as non dependants.
- a person on ESA has a month to claim HB when a new liability starts, so she can establish SDP first and then claim HB backdated to tenancy date.
I’m doing a lot of this at the minute. If you ring to request SDP they’ll probably have it into payment within a couple of weeks giving plenty of time for the HB claim.
Our council, however, check whether there is entitlement to SDP irrespective of whether it’s actually in payment so on moving you might be able to make the claim immediately.