Supported accommodation: exemptions from the benefits cap and under occupation rules

Supported accommodation: exemptions from the benefits cap and under occupation rules

What is exempt accommodation?

The under occupation rules, benefits cap and the housing element of Universal Credit do not apply to 'supported exempt accommodation'.

If you live in supported accommodation you receive care, support and supervision from your landlord. In order to meet the definition in the benefits calculator you should only select this option if the care, support and supervision you receive is more than 'minimal'. This is because we assume that people selecting supported accommodation are exempt from the benefits cap and under occupation rules, and only where you receive more than 'minimal' support will this be true.

A more formal definition of 'exempt accommodation' is as follows: "Exempt Accommodation is an individual dwelling for which a person is liable to make payments , that they occupy as their home and which is a resettlement place provided by persons to whom the Secretary of State has given assistance by way of a grant pursuant to section 30 of the Jobseeker's Act 1995 (grants for resettlement places), or provided by a non-metropolitan County Council, in England, a housing association, a registered charity or voluntary organisation where that body or person acting on its behalf also provides the claimant with care, support or supervision."

If you are in doubt please check with your landlord. If your accommodation is not exempt please instead select ‘tenant – social and voluntary’.

Why is this different?

This has been removed from the benefits cap and under occupation regulations as this accommodation is usually more expensive to rent due to the care and/or support being provided to the tenant.

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