SECTION 3 - TEMPORARY RESIDENTS

Who is a temporary resident?

3.001 The definition of temporary resident allows the local authority to regard a person's stay as temporary if it is likely to last for any period not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed 52 weeks.

Reg 2(1)

3.002 In deciding whether to treat a resident as temporary, it will be helpful to find out whether:

a) he receives Income Support which includes an amount in respect of home commitments; and/or

b) Housing Benefit continues to be paid in respect of his home address.

Local authorities should note, however, that Income Support Housing Costs and Housing Benefit may only be payable for 13 weeks in some circumstances (see Circular SW 13 paragraphs 8 to 11).

3.003 Where a temporary resident has a partner their resources cannot be jointly assessed (see Section 4).

3.004 It must be recognised that a stay, which was initially expected to be permanent, may turn out to be temporary (eg the resident's condition improves dramatically when it was not expected to do so). In such cases, it would be unreasonable to continue to apply to that resident any rules which would have affected him as a permanent resident (eg treatment of the former dwelling, in particular the placing of a charge on the resident's interest in the property).

3.004A It must also be recognised that a stay, which was initially expected to be temporary, may turn out to be permanent. In such cases, it would be unreasonable to assess the resident's charge as if he was a permanent resident from the outset (eg take into account AA/DLA) as these resources may no longer be available to the resident. Assessment as a permanent resident should, therefore, begin from the date it is agreed that the stay is to become permanent.

Charging for temporary stay

Up to 8 weeks

3.005 An assessment of ability to pay is not required for the first 8 weeks of a temporary stay. It will be for the local authority to decide in each case whether to make an assessment. Where the local authority decides it is appropriate to make an assessment, follow the guidance in Sections 4 to 13. Where no assessment is made, the charge is the amount it appears reasonable to the local authority for the resident to pay.

Section 22(5A)

After 8 weeks

3.006 After 8 weeks, the local authority must charge the resident at the standard rate for the accommodation and carry out an assessment of his ability to pay.

Income Support for temporary residents

3.006A Where a resident enters residential accommodation for a temporary period Income Support is not payable if his capital exceeds £8,000. This may mean that, where the resident has capital of above £8,000 but not more than £16,000, the resident’s contribution towards the cost of his or her accommodation will not include any Income Support.

Assessing ability to pay

3.007 If the local authority decide to make an assessment straight away, or from the eighth week, his ability to pay should be assessed in accordance with the following paragraphs.

Capital

3.008 Disregard the dwelling normally occupied as the resident's home where:

a. the resident intends to return to occupy that dwelling and that the dwelling is still available to him; or

b. he is taking reasonable steps to dispose of the property in order to acquire another more suitable home for him to return to.

Schedule 4 para 1

For all other capital assets, follow the guidance in Section 6.

Income

3.009 If Income Support is in payment, check, from the resident's notice of award of Income Support, whether the benefit includes an amount in respect of housing costs. If it does, disregard the amount allowed. Income Support may be paid for home commitments for up to 52 weeks on admission to residential accommodation.

Schedule 3, para 26

3.010 If Housing Benefit is in payment in respect of the home address, disregard the amount of Housing Benefit in full.

Schedule 3, para 3

3.011 Income Support and Housing Benefit may not meet the full cost of continuing home commitments. Where there are extra costs, disregard such additional amount as appears reasonable. Extra costs might be:

• a fixed heating charge;

• water rates;

• mortgage payment or rent not met by IS/HB;

• insurance premiums;

• service charges not met by IS/HB

Schedule 3, para 27

3.012 Where neither Income Support nor Housing Benefit are in payment in respect of the home address, assess the resident's income in accordance with Sections 8 and 9, and then disregard from the total such amount as appears reasonable to allow in respect of home commitments. Such expenses might be:

• interest charges on:

• hire purchase agreement to buy the dwelling occupied as the home (eg a caravan)

• loans for repairs or improvements to the dwelling

• mortgage payments

• ground rent or other rental relating to a long tenancy

• service charges (eg regular charge payable to the management company of a block of flats)

• any insurance premiums

• standard charges for fuel

• water rates

• payments under:

• co-ownership scheme

• tenancy agreement or licence of a Crown tenant

Schedule 3 para 27

A disregard on income to meet these expenses should also be allowed if the resident is taking reasonable steps to dispose of the property in order to acquire another more suitable home to which he will return.

Schedule 3 para 27

Couples

3.013 Where one or both members of a couple are temporarily in residential accommodation see Section 4 for their assessment.

Attendance Allowance (AA)/Disability Living Allowance (DLA) Care Component

3.014 Where the resident is a temporary resident, AA or DLA Care Component should be completely ignored - but remember that either benefit will be withdrawn after 4 weeks if the resident is relying on public support. These rules also cover Constant Attendance Allowance and Exceptionally Severe Disability Allowance payable with Industrial Injuries Disablement Benefit or War Disablement Pension.

Schedule 3 para 6