HB: Temporary Accommodation

Introduction

1. A local housing authority has a duty to house certain homeless people in its area. It will often house people in temporary accommodation while it establishes whether a duty is owed or, where it is, while a permanent housing solution is obtained.

Significance

2. If you are on Universal Credit you cannot get the housing cost element whilst living in such temporary accommodation. You are, however, able to claim Housing Benefit for your temporary accommodation rent liability.

Definition for UC purposes

3. You reside in “temporary accommodation” for UC purposes where:

  1. your rent is payable to a local authority or under arrangments made with the local authority by another provider of social housing; and
  2. the accommodation has been made available to you to: 
    1. prevent you from being or becoming homeless; or
    2. to discharge any of the local authority’s functions under: 
      1. Part VII of the Housing Act 1996;
      2. Part II of the Housing (Scotland) Act 1987; or
      3. Part 2 of the Housing (Wales) Act 2014; and
  3. the accommodation is not exempt accommodation. 1The Universal Credit Regulations 2013 No 376, sch 1, para 3B

4. A provider of social housing is a reference to a private registered provider registered with the Regulator of Social Housing in England or a registered social landlord in Wales or Scotland.2The Universal Credit Regulations 2013 No 376, sch 4, part 1, para 2, defs: “provider of social housing”,“registered social landlord” 

Definition for HB purposes

5. For HB purposes “temporary accommodation” means accommodation of a kind listed below which the HB authority makes available to you, or which a registered housing association makes available to you:

  1. to prevent you from being or becoming homeless;
  2. to discharge any of the authority’s functions under: 
    1. Part 3 of the Housing Act 1985,
    2. Part 7 of the Housing Act 1996 or
    3. Part 2 of the Housing (Scotland) Act 1987.

The accommodation being referred to is: 

  1. accommodation
    1. provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or
    2. provided in a hotel, guest house, lodging house or similar establishment,
    3. but in either case, it does not include accommodation which is provided in a care home, an independent hospital or a hostel. 
  2. accommodation which the authority or registered housing association holds on a lease & in the case of an authority in England, it is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;
  3. accommodation that the authority or registered housing association has a right to use under an agreement other than a lease with a third party.
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