Universal credit housing costs element occupation condition

Universal credit claimants are entitled to the housing costs element if they are liable to make payments for accommodation which they normally occupy as their home.[1]

Claimants can be treated as occupying their home while they are temporarily away.[2] The rules are different depending on if the claimant is absent:

• within Great Britain

• outside Great Britain

Great Britain comprises England, Wales and Scotland. It does not include Northern Ireland, the Channel Isles or the Isle of Man.

People can usually only claim for one home, apart from in specific circumstances.[3] For example, where someone is temporarily absent because of a fear of violence.

A person is treated as occupying their home for absences within England, Wales and Scotland for:[4]

• up to six months for any reason when the absence is not expected to be longer than this period

• up to 12 months when the claimant is living somewhere else because of reasonable fear of violence

• for an unspecified period when the claimant moves into alternative accommodation due to essential repairs to their home

Claimants who need to move into alternative accommodation due to essential repairs must meet the liability and payment conditions for either their original home, or their temporary home. The housing cost element is only paid for one home.[5]

For absences which are longer than six months, claimants must have an intention to return.[6]

The housing costs element is usually only awarded for one property.[7]

Claimants with large families can be paid the housing cost element for two homes, if they were housed in the two properties by a provider of social housing due to the number of dependent children that live with them.[8] For example, if they were placed in private or social rented accommodation by a local authority under a homeless application.

Claimants can also be paid the housing cost element of universal credit for two homes when the claimant is living somewhere else because of either:[9]

• a reasonable fear of violence

• a delay in moving because of disabled adaptations

When a person is living somewhere else because of a reasonable fear of violence, they can be treated as occupying their home for up to 52 weeks.

Claimants can also receive the housing costs element for a second home for up to 52 weeks if both:[10]:

• they meet the payment and liability conditions for both properties

• it is reasonable for the DWP to include housing costs for both properties

The person must have an intention to return to their original home.

The claimant must have a reasonable fear of violence either:[11]

• in their home

• by a former partner against them

• by a former partner against a child they receive child benefit for

Survivors of domestic abuse

The universal credit regulations do not define violence in relation to temporary absences and claiming for two homes.

DWP guidance explains that these rules can apply to claimants who are absent from their home as a result of domestic violence or abuse.[12]

The DWP uses the cross-government definition of domestic violence and abuse, which includes 'any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.' It includes abuse that is:

• psychological

• physical

• sexual

• financial

• emotional

Specified and temporary accommodation

The housing costs element of universal credit cannot be paid for specified and temporary accommodation. People staying in these types of accommodation must claim housing benefit instead. This includes some domestic abuse refuges.

Claimants who are entitled to claim for two homes because of a reasonable fear of violence can be awarded both universal credit and housing benefit.[13]

A claimant usually must have an intention to return home in order to claim the housing costs element during a temporary absence or to claim for two homes.

Whether a claimant intends to return to their home depends on the facts of the case. The claimant's intention must be a realistic possibility and more than just a desire.[14] Once a claimant has served a notice to quit to end their tenancy or licence, they no longer have an intention to return.[15]

Claimants who are unable to occupy their accommodation should make it clear to the DWP that they intend to return when it is safe or appropriate to do so. Items such as personal belongings and furniture being left in the home can be an indicator of an intention to return.[16]

Claimants are usually treated as occupying their home from the date they moved into the property.

When an existing universal credit claimant notifies the DWP of new housing costs, the new housing costs element amount applies from the beginning of the assessment period containing the date of the move, unless it is reported late.[17] The claimant must still be living in the accommodation on the last day of the assessment period for the costs to be included.

A claimant can be treated as occupying their accommodation as their home for up to one month before they move in if the claimant either:[18]

• was a patient in hospital or staying in a care home when their liability arose

• had their move delayed to enable the accommodation to be adapted for the needs of a disabled person and it is reasonable to do so

The claimant must have met the payment and liability conditions for the accommodation before they moved in. The housing costs element is backdated once they move in and the additional money is added to their universal credit award.

Claimants can be treated as occupying their home for up to one month where a move is delayed because they need to wait for necessary adaptations to meet the needs of a disabled person.[19] The delay must be reasonable.

The disabled person can be the claimant, their partner or a child for whom they receive child benefit.[20] The disabled person must be in receipt of:

• the daily living component of personal independence payment

• the middle or higher rate of the care component of disability living allowance

• attendance allowance

Claims for two homes

A claimant waiting for adaptations for a disabled person can also claim for a second home if immediately before the move, they both:[21]

• satisfied the payment and liability conditions for the new accommodation

• were entitled to the housing costs element for the previous accommodation

People in prison cannot claim universal credit.[22]

Existing claimants can continue to receive the housing costs element if they:[23]

• were entitled to the housing costs element of universal credit immediately before they became a prisoner

• have been sentenced to a period in custody that is expected to last no more than six months

This only applies to the housing costs element of universal credit. Entitlement to any other element ends once the claimant goes into custody.

There is no distinction between prisoners on remand or prisoners who have been sentenced. This is different to the housing benefit rules where a longer period of temporary absence is allowed for prisoners on remand.

Universal credit is not usually payable when the claimant is absent outside of Great Britain for a period exceeding one month, or when the absence is expected to exceed one month.[24]

A person can get universal credit during a longer absence from Great Britain in specific circumstances.

Two months' absence

Universal credit can be paid for up to two months when a claimant is absent from Great Britain in connection with the death of their:[25]

• partner

• child

• close relative[26]

The DWP must consider it unreasonable for the person to return within the first month.

Six months' absence

A claimant can continue to get universal credit for up to six months if they, their partner or a dependant child is:[27]

• receiving medical treatment

• undergoing convalescent care for a condition that they had before leaving Great Britain

A claimant can also continue to get universal credit for up to six months if they are a continental shelf worker in UK, EU or Norwegian waters, or a mariner.[28]

Some members of a claimant's extended benefit unit are treated as occupying the home during a temporary absence within Great Britain if they intend to return home within six months. These are the claimant's:[29]

• partner

• child or qualifying young person

• non-dependant

An absence outside of Great Britain is restricted to one month unless the absence is in relation to the death of a close relative or for medical treatment.[30]

A child who is taken into local authority care is not treated as occupying the home unless this is for a planned respite break for the claimant.[31]

A son, daughter, step-son or step-daughter who is a member of the armed forces away on operations is treated as occupying the home indefinitely if they:[32]

• lived at home as the claimant's non-dependant

• intend to return home when not away on operations

A discretionary housing payment (DHP) is a payment from a local authority to provide financial support to help a claimant with rent or housing costs. A local authority can award a DHP if the claimant:[33]

• is entitled to housing benefit or the housing costs element of universal credit

• needs further help with housing costs

The DWP's Discretionary Housing Payments guidance manual states that local authorities can award a DHP for both properties where a claimant is claiming benefits for two homes and there is a shortfall.[34]

Local authorities might also award a DHP for other shortfalls caused by a claimant's temporary absence or by a member of their household.