1. “Support” is included in the definition of “exempt accommodation” but remains undefined in the Housing Benefit Regulations.
2. In practice “support” is the most prominent constituent of CSS to the extent that CSS is often shortened to “support”.
Exempt accommodation
3. The law states that exempt accommodation is accommodation provided by one of four specified types of landlord “where that body or a person acting on its behalf also provides the claimant with care, support or supervision” (text emboldened for emphasis).1Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006/217 sch 3 para 4(10 def: exempt accommodation para b
Specified accommodation
4. When referring to specified accommodation,”support” is part of the definition of exempt accommodation2Housing Benefit Regulations 2006/213 reg 75H(2), managed properties3Housing Benefit Regulations 2006/213 reg 75H(3)(b) and hostels owned or managed by a relevant local authority.4Housing Benefit Regulations 2006/213 reg 75H(5)(b)
Meaning of support
5. Support means the giving of advice and assistance to the claimant in coping with the practicalities of everyday life. It involves the landlord doing something more than the ordinary property management functions required in general needs social housing.5(2016) UKUT 403 (AAC); (R(H) 4/09; (2009) UKUT 107 (AAC); (2012) UKUT 52 (AAC))
6. It is implicit that support is not ‘provided’ unless there is in fact some need for it.6[2009] UKUT 150 (AAC) It should be noted that this was said in the context of determining whether purported support was a contrivance to claim exempt status.7(2016) UKUT 403 (AAC)
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