Reply To: Out of area Temp Accom / LAHF properties

Peter Barker

The legislation is s134 of the Social Security Administration Act 1992, and para 3B of Schedule 1 to the UC Regs 2013 (which defines temporary accommodation).

The first thing is to establish whether it is T/A as defined in para 3B: is the accommodation being made available by an LA or a registered HA in discharge of HA 1996 homelessness functions? If it is, they can make new claims for HB, and can remain on HB while claiming UC for living costs. “Makes available” is doing the heavy lifting in that definition – is the LA with the homelessness duty making the accommodation available, or a registered HA doing so on its behalf?

s134 tells you who should administer the HB: if the landlord is an LA, it is a rent rebate administered by that LA. If it’s an HA, they get a rent allowance administered by the LA in whose area the accommodation is situated. The placing and receiving LAs may, however, agree among themselves that one will administer HB on the other’s behalf – this is customary in out-of-area placements with an HA as landlord (but a better subsidy deal if the receiving LA pays HB, because it’s vanilla Cell 102 I would argue)