Guidance

A8/2021: The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021

Updated 31 January 2022

Who should read

All Housing Benefit (HB) staff

Action

For information

Subject

The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021

Guidance Manual

The information in this circular does not affect the content of the HB Guidance Manual.

Queries

Extra copies of this circular and copies of previous circulars can be found at Housing Benefit for local authorities: adjudication circulars.

For queries about the:

• technical content of this circular, contact:
  

[email protected]

• distribution of this circular, contact:
  

[email protected]

Introduction

1. This circular provides information about The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021 (SI 2021/991), which were laid on 9 September 2021 and come into force on 1 October 2021.

2. SI 2021/991 makes amendments to the Housing Benefit Regulations 2006 (SI 2006/213) by introducing an exception to the Removal of the Spare Room Subsidy (RSRS) for claimants whose home has been adapted under a sanctuary scheme due to domestic violence, so that no deduction is applied to their claim if they under-occupy their property. 3. SI 2021/991 also makes equivalent changes to the Universal Credit Regulations 2013 (SI 2013/376).

Background

4. Sanctuary schemes aim to support victims of domestic abuse to remain in their own homes by installing additional security to the property. The Whole Housing Approach Sanctuary Scheme Toolkit provides further information.

5. The removal of RSRS, as determined by Regulation B13 of the Housing Benefit Regulations 2006, applies to claims for Housing Benefit (HB) where the claimant is living in the social rented sector in a property that is considered too large for their needs. The deductions are based on the claimant’s eligible rent. There is a 14 percent reduction for those with one extra bedroom and a 25 per cent reduction for those with two or more extra bedrooms.

6. As covered in bulletin LAWD4/2020, in the case of JD & A v the UK, the European Court of Human Rights found a conflict between the government’s aim of supporting victims of domestic violence to remain in their homes through a sanctuary scheme and the aim of the RSRS to incentivise claimants to move. Having considered the judgment and the government’s broader work on supporting victims of domestic abuse, a sanctuary scheme exception to RSRS is being introduced.

The changes

Sanctuary Scheme exception

7. From 1 October 2021, there will be a sanctuary scheme exception from RSRS so that those who qualify will not have a deduction applied to their claim if they under-occupy a social sector tenancy. A claimant will qualify providing:

• their property has had additional security installed under a sanctuary scheme as a result of domestic violence or abuse having been inflicted upon or threatened against the claimant or a member of their household
• the perpetrator of the abuse does not live at the property – except where they are a qualifying young person dependent of a member of the household
• the claimant provides written evidence from a person acting in an official capacity

Evidence requirement

8. Claimants will need written evidence from a person acting in an official capacity confirming that they are living in a property adapted under a sanctuary scheme and:

• the victim’s circumstances are consistent with those of a person who has had domestic violence or abuse inflicted, or threatened, upon them
• the victim has made contact with the person acting in an official capacity to tell them about such an incident

9. A person ‘acting in an official capacity’ means:

• a health care professional
• a police officer
• a registered social worker
• the victim’s employer or trade union representative
• any public, voluntary or charitable body which has had direct contact with the victim about the domestic violence or abuse

Operational matters

10. No changes have been made to local authority (LA) IT systems so a manual process has been agreed.

11. A claimant will need to self-identify with their LA to apply for the exemption and where a decision maker is satisfied that they meet the criteria for the sanctuary scheme exemption no deduction in relation to RSRS will be applied to the HB claim.

12. While LAs may choose to identify and contact claimants they believe to be in scope of the updated exemptions there is no requirement to do this and consideration should be given to the risk to the victim of domestic abuse should the perpetrator view any correspondence.

Discretionary Housing Payments

13. The appropriate means for providing support for claimants with an RSRS deduction in a property adapted under a sanctuary scheme prior to 1 October 2021 is Discretionary Housing Payments (DHP). Therefore, when reassessing a claim to apply the exemption from RSRS it is advisable to consider whether a DHP award has already been made to support the claimant to remain in their adapted property. If there is a DHP award in place this will have to be revised to account for the increased entitlement to HB.

14. You may also wish to review existing DHP awards to Universal Credit (UC) claimants with an RSRS deduction and whose home has been adapted under a sanctuary scheme to establish whether they have increased entitlement to the housing element of UC.

Impact on Housing Benefit Award Accuracy Initiative

15. We recommend that affected claims are appropriately marked and should be excluded from the Initiative – in other words, a Full Case Review should not be carried out on these cases.

Annex A

Questions and answers

Q1: How do claimants apply for the exemption?

A1: A claimant will be required to self-identify with their local authority (LA) and provide the evidence from a person acting in an official capacity.

Q2: Are you contacting claimants who will qualify for this exemption?

A2: We do not have details of claimants whose home has been adapted under a sanctuary scheme. However, in addition to this bulletin, we have written to LA domestic abuse leads and organisations who support victims of domestic abuse.

Q3: Can the exemption be backdated if the claimant does not get in touch straight away?

A3: Normal HB rules of ‘good reason’ will apply where there are requests to consider past periods. Though a claimant being unaware of the law change would not constitute good cause, the decision maker should take into account any circumstances particular to the claimant which may have made it difficult for them to notify of their eligibility for the exemption in good time. Periods prior to 1 October 2021 cannot be considered.

Q4: If we pay backdated HB for a period the claimant was in receipt of a DHP award does this mean they will be double funded?

A4: If the claimant was in receipt of a DHP award for all or part of a period of re-calculation of HB without the RSRS deduction, they will in effect, be paid twice. However, this is in line with the existing benefit rules; an existing DHP award is not relevant to the decision of whether to backdate a change of circumstances. Further details about the recovery of DHP awards is available at Annex A of bulletin LAWD6/2020 lite.