Fair Share? DWP Propose to Stop Housing Benefit for Communal Rooms in Hostels and Similar Shared Housing.

The DWP are looking at a proposal to stop paying Housing Benefit (HB) for fuel and cleaning in shared/communal rooms in hostels and similar shared housing.

HB regulations have historically said that the cost of cleaning and fuel (for lighting and heating) in communal rooms is only eligible for benefit in sheltered housing. Advisors have always maintained that all supported housing can be treated as sheltered housing; a notion agreed by the majority of HB offices since 1989.

A year or so ago however, the DWP issued advice to councils telling them that supported housing was not sheltered housing and some councils stopped paying HB for communal rooms. This lead to appeals, one of which reached the upper tribunal. The judge in this case decided that supported housing was sheltered housing so the communal room costs were eligible.

The DWP have appealed this decision and the case is due to be heard this month. On 25th of January the DWP announced their intention to introduce new regulations which would make cleaning and fuel in common rooms ineligible in any accommodation where residents just had one room and shared the common facilities.

The DWP have asked for information about any claims that would be affected to ascertain whether the issue is confined to only a few cases where claims were made following the upper tribunal decision.

It is important that you tell them.  If the proposal goes ahead and the DWP wins its appeal, the cost of fuel and cleaning in communal rooms will become ineligible immediately, without any need for legislation.

They have set a deadline of Wednesday 8 February 2012.  Send your responses to Dave.Jones@dwp.gsi.gov.uk