Guidance

A11/2020: Changes to Housing Benefit for claimants in receipt of Severe Disability Premium

Updated 10 February 2021

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This publication is available at https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2020/a112020-changes-to-housing-benefit-for-claimants-in-receipt-of-severe-disability-premium

Who should read

All Housing Benefit staff

Action

For information

Subject

Changes to Housing Benefit for claimants in receipt of Severe Disability Premium

Guidance Manual

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

Queries

For queries about the:

Introduction

1. From 27 January 2021, regulations come into force to remove the Severe Disability Premium (SDP) Gateway. From this date, no new Housing Benefit (HB) claims may be taken for claimants in receipt of SDP. These claimants will now be allowed to claim Universal Credit (UC) and considered for the new Transitional Element.

2. Regulation 7 of the Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (SI 1152/2019) revokes regulation 4A (restriction on claims for universal credit by persons entitled to a severe disability premium) of the Universal Credit (Transitional Provisions) Regulations 2014. This change removes the Gateway conditions for SDP cases.

3. SI 1152/2019 makes no changes to HB regulations.

Background

4. Since 16 January 2019 claimants who are receiving SDP or have received it within the last month and remain entitled to it, have been unable to move to UC even if they have a relevant change in their circumstances. Further information on the HB (SDP) Gateway can be found in circular HB A1/2019

Changes to the Gateway

5. From 27 January 2021, claimants who are currently in receipt of SDP or who have been entitled to a SDP in the previous month will be able to claim UC.

6. UC are removing both the Gateway and the additional questions to establish if the claimant is in receipt of SDP and allowing them to progress with their UC claim.

7. This means that only people living in temporary or specified accommodation will be allowed to make new claims for working age HB.

Existing HB claimants

8. SI 1152/2019 do not apply to existing claimants who have remained on working age HB because their award includes a SDP and they can remain on HB until they have a change of circumstances which triggers a new claim to UC.

New Burdens

9. New Burdens have already been paid for this financial year until 26 January 2021. This can be found in circular HB S9/2020

Data Sharing

10. An updated version of the MGP1 will be available on Glasscubes from January 2021 with the SDP dropdown option removed. LAs should start to use this from 27 January 2021.

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