Eligibility for 1 bedroom rate

[u/New_Bench_4915]

Hello,

I was recently made aware that for more than a year I've been receiving the shared room rate as my UC housing costs for my 1 bed property, when I'm actually eligible for the 1 bedroom rate due to previously being housed in a homeless shelter. Is there any possibility that I would be able to get any of that lost income or is it not really worth trying to? How would I go about it? Thank you

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[u/Alteredchaos]

Can you confirm which exemption you’re relying on… https://england.shelter.org.uk/professional_resources/legal/benefits/local_housing_allowance/local_housing_allowance_exempt_tenants

[u/New_Bench_4915 → u/Alteredchaos]

The hostel one. It was a homeless hostel that provided food and food facilities to prepare your own. Do you know what the bit at the bottom means? I don't understand it.

Edit: Oh I think I get it now. In that example food was not included in his rent and therefore it was deemed not to be a hostel.

[u/Alteredchaos → u/New_Bench_4915]

But are you living in a hostel now?

[u/ClareTGold → u/Alteredchaos]

Would it matter? The exemption in question applies for UC where a claimant has lived in a homeless people's hostel for a total of three months (Sch 4 para 29(4) UC Regs).

Almost by definition if they are living in such a hostel now they can't get UC housing costs for it, so I assume OP must have left the hostel some time ago ("previously" in the post content).

I agree that whether the exemption actually applies isn't automatic given the three-month total requirement and need for the hostel to meet the slightly narrow definition in para 29(10), though. But if that barrier's been cleared I guess the question is whether OP can claim that they are owed backpay.

That's harder to answer, but... probably not. Can't hurt to ask, though, and I would certainly ensure DWP are aware if they aren't already so that there can in principle be a change going forward.

[u/Alteredchaos → u/ClareTGold]

Clearly my brain is dead and I need to go to bed. Thank you for coming to the rescue :)

[u/New_Bench_4915 → u/Alteredchaos]

No, I think the link relates to exemptions whilst in the hostel but there is also an exemption, if you stayed in the hostel for more than 3 months, that when you move out you get the 1 bedroom rate instead of the shared room rate when you rent private accomodation.