This document discusses funding options for exempt accommodation and additional housing management services for vulnerable tenants. Exempt accommodation provides benefits exemptions and is housing where a landlord provides care, support or supervision. Additional housing management refers to intensive property management required for certain tenants. Non-emergency communication systems can be considered intensive housing management and may be eligible for funding through housing benefit or rents. The document examines case law and options to help providers maintain funding streams for supporting vulnerable tenants.

1. Funding the Gap
Danny Key:
Support Solutions
30th April 2013

2. Key Issues
What is exempt accommodation?
What is intensive housing
management/additional housing
management services?
Case law precedent
Communication systems/alarms in
designated older persons housing
Can communication systems/alarms
be funded?

3. Exempt Accommodation
Exempt Accommodation is exempt from Universal
Credit – Exempt Accommodation tenants will have
the housing component of their benefit administered
at local level under the existing HB Regulations
Exempt Accommodation is exempt from Bedroom
Tax
Exempt Accommodation is exempt from Benefit Cap
Therefore important for landlords and support
providers to establish accommodation for vulnerable
people as exempt accommodation

4. What is Exempt Accommodation?
Non-profit organisation (County Council,
Registered Provider*, Voluntary Organisation or
Charity)
Must be landlord - legal interest in
accommodation (ownership or lease), and….
….where “care, support and supervision” is
provided………
………….by or on behalf of the Landlord
Level of Benefit not restricted if exempt
accommodation status achieved

5. Exempt Accommodation
What about agency managed schemes, are
these exempt?
What about designated older persons housing?
Two Fundamental questions
….is care, support and supervision provided
by or on behalf of the landlord?…and
…..is the provision of care, support and
supervision more than minimal?
Exempt Accommodation definition
changing….see letter from Lord Freud

6. Exempt Accommodation – case law
Case law suggests;
not exempt accommodation where care and
support provided by managing agent/support
provider under a contractual relationship with
commissioner (may not matter soon!)
support provided does not have to be all, or
majority of support provided
does not have to be commissioned
support can be made available whereas care
has to be actually be provided


7. Exempt Accommodation – case law
Case law suggests;
there does not have to be a charge levied for
provision of support (although this helps)
it must be case that the tenant may require the
support that is made available or provided

8. Intensive/Additional Housing
Management (IHM/AHM)
What exactly is AHM?
 ordinary housing management functions, i.e. lettings, tenancy
sign ups that are more intensively provided due to the needs
of the tenants
 Additional housing management functions due to the nature of
the tenant group and the accommodation (assessments,
health and safety, property checks, HB claims, administration
relating to housing management requirements etc.)
 Housing Management functions linked to communal areas and
the provision of systems, i.e. testing of door entry, CCTV and
alarms, re-provision of furniture and equipment etc.

9. Intensive/Additional Housing
Management (IHM/AHM)
Judge Turnbull Legal Precedent
Bristol CC v AW [2009] UKUT 109 (AAC) – satisfactory
test for determining support is more than minimal is to
ask whether support provided likely to make a real
difference to the claimant’s ability to live in the property
Why refer to support when defining IHM?
Judge Turnbull Legal Precedent continued;
R(H) 6/08, R(H) 4/09 – ‘Support’ involves the landlord
doing more than, or different from, the exercise of its
ordinary property management functions

10. Intensive/Additional Housing
Management (IHM/AHM)
Chorley BC v IT (HB) [2009] UKUT 107 (AAC) –
support not confined to counselling, advising,
encouraging etc. ‘the carrying out of repairs which
clearly go beyond ordinary housing management can
amount to support’
AHM can therefore be sufficient to qualify as
exempt accommodation! (based on case law
precedent)
Accommodation based low level tenancy
sustainment and floating support services can be
exempt accommodation

11. Exempt Accommodation and AHM
outcomes
A good way of funding prevention & taking
pressure off statutory services
Creating Exempt Accommodation
scenarios is a good idea:
For tenants: service levels maintained
Providers: income levels maintained
Local Authorities: recover amounts paid
through HB from the DWP

12. Reactive Communication Systems
Provision of emergency alarms are ineligible
to be met by Housing Benefit – Schedule 1 of
HBR 2006 and UC Regs 2013
Fewer LA HB decision makers are funding
any part of the emergency due to linked
system
Fewer Commissioners funding hard wired
alarms

13. Proactive Communication Systems
Non emergency communications systems
are now established
Positive Outcomes
Proactively communicating with residents to
ensure safety of accommodation and
individuals 365 days a year
More efficient deployment of staff time
Resident news messages and emergency
messaging

14. Funding Additional Housing Management
and Communication Systems
Non emergency communications systems can
be defined as a form of intensive housing
management required due to the nature of the
tenant group
Service Charges?
HB Regs 2006 – communication system not
specifically established as ineligible
HB Regs 2006 – service must be connected to
the provision of adequate accommodation

15. Funding Additional Housing Management
and Communication Systems
Case Law suggests that decision maker
must take into account the nature of the
tenant group when determining whether
service is connected with the provision of
adequate accommodation – CIS
1460/1995

16. Funding Additional Housing Management
and Communication Systems
Rent?
Any form of housing management should sit within
the rent
Barrier to doing this…………..rent restructuring for
registered providers
HCA has confirmed that additional housing
management costs incurred in providing
supported/older persons accommodation can be
included within gross rent separately to net target rent
This element would be ignored when assessing rent
levels in line with HCA rent standards

17. Outcomes
Preventative
Efficient
Value for Money

18. Questions?

19. Our Contact Details
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