HB & Supported Accommodation- The Difficult Questions
HB & Supported Accommodation: Key Issues - An In-Depth Look At Practitioners’ Trending FAQs
Next Workshop:
Thursday, 5th March, 2026.
Full-Day Workshop: (9:40 - 4:30)
Workshop Fee: £280 (No VAT)
Book 3 places and receive a 4th place FREE.
Also available for In-House Bookings for individual organisations, either On-Site or Online.
HB & Supported Housing - Key Issues
An In-Depth Look At Practitioners’ Trending FAQs
The Workshop focuses on a selection of frequently discussed issues raised by local authorities in our postbag and on discussion forums.
We begin with the question whether a landlord satisfies the non-profit requirements in the definitions of “exempt” and “managed” accommodation. We are aware of recent First-tier Tribunals taking a tougher line on non-profit bodies with close links to for-profit businesses. We have seen some very detailed decisions designed to be “UT Judge-proof”. We will consider the key features in these cases.
As well as having the right kind of landlord to provide specified accommodation, the claimant also needs to be provided with care, support or supervision. Local authorities are anticipating greater scrutiny of supported accommodation cases by external auditors, which in turn is leading to some rigorous evidence requests. We will analyse the law governing evidence in support of HB: from whom may the Council request evidence, what kind of evidence may the Council request, and what are the consequences if the person to whom the request is directed fails to comply with it. Many claimants in supported housing do not have mental capacity to handle their own HB claims: To whom should evidence requests be directed when this is the case? Delegates will also be reminded of the different but frequently confused roles of deputy, attorney and appointee – these terms are often used interchangeably but they are not the same thing. While on the subject of mental capacity we will also cover rent liability for those unable to act, looking at the roles of Health and Social Care professionals and the Court of Protection, “DoLs” and “best interests” decisions.
If the Council accepts that the claimant occupies exempt/specified accommodation and is not otherwise excluded from HB, the next question is how much eligible rent should be allowed for HB. LAs are increasingly inclined to question whether registered social housing providers in England are compliant with the rent standard, so we will provide an overview of social housing regulation: What exactly are the limits on rent, which stock is exempt from those limits, etc. There is a growing trend of registered providers operating a portfolio of non-social stock and we will see how HB treats these units.
Continuing with issues affecting eligible rent, we will consider “wake-in” (or “waking”) overnight care: Does this attract an extra bedroom in “managed” accommodation? And we deal with a couple of FAQs about voids: What about schemes that have never had a void and are unlikely to have one in the foreseeable future? Is it reasonable to add provision for voids on service charges, as well as core rent? How can the reasonableness of void provision be verified?
With the roll-out of UC now almost complete, more cases are coming to light where there are difficulties around the interaction between HB and UC. Recently we have seen cases in which HB has been paid on the basis that the claimant occupied specified accommodation, but it is later discovered that s/he never did. Depending on whether, and if so when, the person has also claimed UC, this can be a tricky situation to unravel with a potential overpayment of HB and underpayment of UC. Another UC-related FAQ is how to identify the “vulnerable” categories for Reg 13 and subsidy purposes when the claimant is on UC. Finally, the restructuring of the LCWRA and standard elements in UC provides a timely opportunity to look at how the HB means test works for people whose earnings sometimes “float them off” UC.
Delegates might well have their own cases that they would like to put forward for discussion during the day: With sufficient notice we can incorporate your questions as case studies, so please feel free to forward anything you would like us to consider to have raised! The Programme is flexible and may be revised/widened for any new FAQs that may arise up until the date the Workshop takes place.
Presented by the “HB Anorak” Peter Barker who has many years’ experience dealing with complex supported accommodation case work and representing both local authorities and providers in appeal cases.
Topics Covered:
Non-Profit Bodies
· Connections with property owners and care providers
· FtT statements of reasons in recent cases
Evidence Of Care, Support And Supervision
· Who is required to provide evidence?
· What kind of evidence?
· Consequences of non-compliance
Mental Capacity
· Deputies, appointees and attorneys
· DoLs and best interests decisions
Eligible Rent
· Social housing regulation in England
· Wake-in / waking care
· Voids
Interaction Between HB And Universal Credit
· Retrospective decisions about specified accommodation
· Identifying claimants with LCW
· Earnings and “floating off” UC
In-House Workshop Required?
We are always pleased to arrange most of our Workshops, such as this one, for staff from an individual organisation to be held at their own training venue or by Zoom/TEAMS. Please email us with your requirements for details.