1. For the purposes of HB “specified accommodation” the label “managed property” applies to accommodation:1The Housing Benefit Regulations 2006/213 reg 75H(3)
- which is provided by a relevant body;
- into which the claimant has been admitted in order to meet a need for care, support or supervision; and
- where the claimant receives care, support or supervision.
2. The DWP say that managed properties is a category:2DWP Housing Benefit Circular HB A8/2014, paras 16 to 23
[…] designed to cover those cases which fall out of the current “exempt accommodation” definition solely because the care isn’t provided by the landlord or on their behalf. This is often due to the nature of the funding/care structures put in place.
This category relies, as now, on the property being provided by one of the specified social and third sector organisations and on the claimant being admitted to the dwelling to receive the care, support or supervision being provided. This looks to retain the conditionality of receiving support with occupying the home.
It would be expected that the admission process should include the need for care, support or supervision being identified by someone that the LA is satisfied is in a position to undertake it. Linking the person’s admission to supported housing with there being an identifiable need, requires that their occupying the home has been made knowledgeably either by a professional or someone with experience in the care/support sector, which could well be the landlord.
Receiving public funding for the care, support or supervision would be a reasonable indicator that it is both needed and being provided. However, support can still be provided even without public funding. Expert advice should be sought where necessary, such as from statutory authorities or recognised bodies, to confirm whether support should be accepted as provided or not and whether the dwelling is “specified accommodation”.
Much supported housing could be identified by it being commissioned by, or either designed or designated as such by local government or other statutory bodies. However, these can only be factors among others in the LA deciding whether the property is “specified accommodation”. As ever the LA must make a decision on the facts.
The underlying assumption is that places in supported housing are in such short supply that someone with no need of their services would not be admitted. Certainly where it comes to light that a person with no need of care, support or supervision is living in supported housing they cannot be treated as being in “specified accommodation”.
We have also added this conditionality to ensure that the legislation doesn’t cover cases of floating support where the property is standard social or third sector housing where the care, support or supervision being provided is not connected with living in the home.
In such cases, where the property has not been specially designed, acquired, adapted or designated to be supported housing, and whether or not the landlord is involved in providing care, support or supervision, we would not expect the rent being charged to be higher than ordinary social or third sector housing and therefore not in need of protection.
Notes [ + ]
|1.||↑||The Housing Benefit Regulations 2006/213 reg 75H(3)|
|2.||↑||DWP Housing Benefit Circular HB A8/2014, paras 16 to 23|