Site rent and housing benefit

There has for some time been a problem for residents of county council sites who are claiming housing benefit. Unlike residents of district or unitary authority sites, county council site residents receive a rent allowance as opposed to a rent rebate. The general rule is that claims for rent allowances must be referred to a Rent Officer for a rent determination. Such a determination serves to fix the amount of housing benefit that is paid and this, almost inevitably, leads to a large shortfall between the actual rent and the housing benefit that is paid.

In a case in 2006 that was settled without the need for court action, it was recognised that where residents are in receipt of Supporting People payments as part of their rent, then their claim for housing benefit should not be referred to the Rent Officer. This is because a caravan site will be exempt from the rent restriction rules if:
a) the site is provided by a non-metropolitan county council; and
b) that body, or a person on its behalf, also provides the claimant with care, support or supervision (see paragraph 4(10) of Schedule 3 to the Housing Benefit and Council Tax (Consequential Provisions) Regulations 2006).

The Supporting People scheme provides a range of housing-related support services to vulnerable and disabled people such as: advice on claiming welfare benefits; support with budgeting; enabling access to services; and support to develop life skills.

Additionally, uniform treatment of housing benefit claims for residents on all Gypsy/Traveller sites has been recommended in A single housing benefit control for Gypsy and Traveller sites (Department for Work and Pensions, October 2006).

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