Response by DWP to the issues raised by the Turnbull judgement
April 2, 2009
We are continuing to work with the Department of Work and Pensions to address the issues raised by the Turnbull judgement. The latest response from the DWP is reproduced below. Key representatives from Housing Options, Mencap, National Housing Federation, Arc and ASL will meet to discuss a the issues raised in the letter and propose a response later this month.
RESPONSE FROM KITTY USHER, PARLIMENTARY UNDER SECRETARY OF THE DEPARTMENT OF WORK AND PENSIONS TO MR ALAN JOHNSON,. BOARD MEMBER OF ASL
10 March 2009
Dear Mr Johnson
Thank you for your letter of the 25th November 2008 to James Purcell concerning the guidance recently issued by this Department to local authorities on the level of benefits available to those living in supported accommodation. I apologise for the long delay in replying.
I appreciate you concern over the uncertainty in this housing sector following the decision made by Commissioner Turnbull which prompted local authorities to review their interpretation of legislation in certain cases. However, the decision is in line with the original policy intention and serves to highlight that the provision of supported accommodation has moved away from the description of 'exempt accommodation' in Housing Benefit legislation. As you know, we are aware that this is an area of Housing Benefit that needs to be re-examined in light of developments in supported housing provision, which has changed considerably in recent years.
The impact of the recent decisions, by what are now the Upper Tribunal Judges, has been an issue on which my officials have been keeping a close eye. The Commissioner's decisions have not changed the regulations, but outlined the plain reading of them. Although the policy behind these rules has remained the same, as you explain, the wider Government agenda for supported living has changed. We are aware that this is an area of Housing Benefit in which rules no longer link up with the current provision of supported accommodation.
As you say, officials agreed to provide guidance to local authorities in the short term and explained that the predecessors had agreed to a review of the rules covering supported accommodation in the longer term.
However, as officials explained, Housing benefit expenditure is controlled through secondary legislation and DWP guidance cannot deviate from a strict interpretation of the law and relevant case law.
DWP guidance can also not be prescriptive as local authorities have full statutory responsibility for the day-to-day administration of the Housing Benefit scheme. I am very grateful for your comments on the guidance, which I understand officials incorporated as far as they were able.
I can assure that we are continuing to consider the views expressed by a number of stakeholders on the shortcomings of the current rules as we to look to any longer term changes. As you are aware, we are looking into how rules currently work, and we will be considering how they may need to change. We shall also need to consider whether Housing benefit is the right avenue for funding extra housing costs arising from an individual's care needs.
Any changes will be considered in light of the Government commitment expressed in the Valuing People Now consultation. However, it is a complex and important area; one where we believe that it is important to get it right rather than to rush changes through. As such, a reliable evidence base is essential before any change can be considered. More formal research has been commissioned, but there will be a delay before this can commence due to other Departmental priorities.
I have replied separately in similar terms to James Churchill, David Congdon, Maurice Harker and David Orr, but I would like to thank you all for your comments on any proposals for change as these progress.
Yours
Kitty Ussher (Labour MP for Burnley and Padiham)
Parliamentary under Secretary
Department for Work and Pensions
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