![]() ![]() Sch 3, part 1, para 5 Universal Credit Regulations 2013/376. Sch 3, part 1, para 5(3) Universal Credit Regulations 2013/376. Sch 3, part 1, para 7 Universal Credit Regulations 2013/376. Sch 3, paras 7 & 8 Universal Credit Regulations 2013/376. Sch 1, paras 20, 21 & 29 Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013/381 R vs Kensington and Chelsea RBC HBRB ex p Robertson (1988) 28 RVR 84 at 85 QBD. See para F2191, Chapter F2 Advice for Decision Makers, DWP and para 7 HB Circular A19/2013. Para 5.3, Help available from the Department for Work and Pensions for people who are victims of domestic violence and abuse, DWP, updated 1 October 2021. Sch 3, part 1, para 6 Universal Credit Regulations 2013/376 Sch 3, part 1, paras 5 & 6(2) Universal Credit Regulations 2013/376. Sch 3, part 1, para 4 Universal Credit Regulations 2013/376. 3, part 1, para 3(1)(c) Universal Credit Regulations 2013/376. Sch 3, part 1, paras 3 & 6 & part 2, para 9 Universal Credit Regulations 2013/376 Sch 3, part 1, para 1 Universal Credit Regulations 2013/376. Reg 11 & sch 3, part 1, para 1(1) Universal Credit Regulations 2013/376. Reg 25(4) & sch 3, part 1, para 1(1) Universal Credit Regulations 2013/376. The housing costs element is backdated once they move in and the additional money is added to their universal credit award. The claimant must have met the payment and liability conditions for the accommodation before they moved in. 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 Was a patient in hospital or staying in a care home when their liability arose ![]() The claimant must still be living in the accommodation on the last day of the assessment period for the costs to be included.Ī claimant can be treated as occupying their accommodation as their home for up to one month before they move in if the claimant either: 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. Ĭlaimants are usually treated as occupying their home from the date they moved into the property. This includes some domestic abuse refuges.Ĭlaimants who are entitled to claim for two homes because of a reasonable fear of violence can be awarded both universal credit and housing benefit. People staying in these types of accommodation must claim housing benefit instead. The housing costs element of universal credit cannot be paid for specified and temporary accommodation. 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: The universal credit regulations do not define violence in relation to temporary absences and claiming for two homes.ĭWP guidance explains that these rules can apply to claimants who are absent from their home as a result of domestic violence or abuse. The claimant must have a reasonable fear of violence either: īy a former partner against a child they receive child benefit for The person must have an intention to return to their original home. It is reasonable for the DWP to include housing costs for both properties They meet the payment and liability conditions for both properties 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.Ĭlaimants can also receive the housing costs element for a second home for up to 52 weeks if both: :
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