Reply To: General to Temporary – same resident

Peter Barker

You’re the same local authority – it wouldn’t look very “joined up” to the outside world if you decide that one of your own tenancies has been created to take advantage of the HB scheme.

The Council’s duties to homeless applicants under the HA 1996 include providing accommodation to prevent them from becoming homeless, and this would seem to be such a case. It is covered by the second limb in the definition of T/A for HB/UC purposes. That means an HB claim can be accepted.

If it is not covered by the definition of T/A for subsidy purposes (being an owned non-B&L property), that means any HB you pay will attract 100% subsidy, which is a good thing for the Council from a joined up corporate perspective.

I have a feeling you are in Wales (something you said in a post last week – am I right?) which means the amount of rent you can charge is not regulated in the same way as it is in England. If you are in England, the issue here would be whether the rent is exempt from the regulator’s formula rent and your housing colleagues would need to satisfy themselves that it is before charging T/A rates.

But subject to that issue about rents in England, really … what’s not to like?