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England

Housing costs element of Universal Credit

Expert Advice consultancy case study

Our expert advice line supported a local advice agency worker to challenge a DWP decision not to award their client with the housing costs element of Universal Credit.

The problem

A local advice agency worker got in touch with our expert advice line about their client, who was refused the housing costs element of Universal Credit. The DWP was not satisfied with the evidence that their tenancy agreement existed.

The client rented a room from a resident landlord and was concerned about their ability to pay rent as they had previously been homeless.

The advice

Our expert adviser explained the regulations relating to eligibility for the housing costs element of Universal Credit and the evidence needed to support the claim.

The rules say, ‘to receive the housing cost element of Universal Credit, the claimant must be treated as liable to make the payments in respect of the accommodation on a commercial basis [regulation 25(3) Universal Credit Regulations 2013].

To be treated as liable to pay rent, the claimant must have an agreement which is legally enforceable. It is possible for an agreement to be legally enforceable, even if it is not in writing.’

Our adviser explained the appeal process for benefits decisions and the possibility to seek a mandatory reconsideration not to award the housing costs element as well as a potential appeal to the first-tier tribunal.

Outcome

The agency worker contacted our expert advice line again to confirm that they had gone back to the DWP, and whilst no final decision was yet made, things were looking more positive.

Our free Expert Advice Service gives specialist advice on housing, housing debt, and welfare benefit issues. 

In this section, we highlight relevant enquiries about benefits, possession, domestic violence and other issues.