× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

Unable to return to property due to bail condition.

Liz M
forum member

Exeter Citizens Advice Project Worker

Send message

Total Posts: 16

Joined: 15 March 2021

Client is a vulnerable man who resides in supported living for which he receives Housing Benefit.

He is currently unable to return to property as a result of a bail condition and it could be months before everything is resolved.  The care provider/housing association is making an application for emergency accommodation today but not sure if this will succeed as technically he has a tenancy at the moment.  I suspect however that the Housing Association may try to evict him in due course.

If he can be put in emergency accommodation, which rent would be covered by Housing Benefit (he doesn’t satisfy any of the conditions for receiving both rents)?

Any advice greatly received.

Kelly
Administrator

rightsnet editor

Send message

Total Posts: 57

Joined: 8 April 2024

Usually, HB would still be paid for his main home (for up to 52 weeks as per regulation 7 of the Housing Benefit regs paragraph 16A) and rent for his other address would be excluded under paragraph 5.

However, paragraph 5 refers to a bail or probation hostel rather than temporary accommodation. So, perhaps the client can choose?

Not a choice I envy and certainly one I’d only make with the benefit of comprehensive housing advice.

Timothy Seaside
forum member

Housing services - Arun District Council

Send message

Total Posts: 548

Joined: 20 September 2018

Liz M - 22 July 2024 10:57 AM

Client is a vulnerable man who resides in supported living for which he receives Housing Benefit.

He is currently unable to return to property as a result of a bail condition and it could be months before everything is resolved.  The care provider/housing association is making an application for emergency accommodation today but not sure if this will succeed as technically he has a tenancy at the moment.  I suspect however that the Housing Association may try to evict him in due course.

If he can be put in emergency accommodation, which rent would be covered by Housing Benefit (he doesn’t satisfy any of the conditions for receiving both rents)?

Any advice greatly received.

I’d echo what Kelly says about getting housing advice.

On the point about getting s188 interim accommodation as a homeless person, the fact that he has a tenancy doesn’t mean he is not homeless - it doesn’t sound like it would be reasonable for him to continue to occupy it (s177 HA 1996) so he is probably homeless (but again, get advice). But the situation and question about where he’s going to end up living is quite complicated (sounds like he’s likely to be found intentionally homeless) so again, get him to a housing adviser.