Good morning

Just last week, a Housing Association (HA) sought advice on decanting 16 families from four blocks of flats into temporary accommodation for around three months to allow structural repairs. Several households receive Universal Credit (UC), and reassurance was requested that housing cost payments could continue for their permanent homes. I have prepared examples using three different scenarios to explain how the “temporary absence” rules work in each case. The relevant legislation is Paragraph 3, Schedule 3 to the UC Regulations 2013.

Scenario 1
Ms A is a Housing Association tenant who must vacate her home for 12 weeks due to essential major repairs. She is provided with temporary accommodation at no charge and remains liable for rent at her original property.

UC position
Under paragraph 3 of Schedule 3, Ms A is treated as occupying her normal home because the move is temporary, repair‑related, and she intends to return while retaining rent liability. UC housing costs apply only to the original property. This is the most common decant scenario and is usually resolved by a landlord’s letter confirming the move’s temporary nature.

Scenario 2 – Decant with licence fee
Mr B is decanted for six weeks due to major works. He remains liable for rent on his permanent home but is charged a small licence fee for the temporary accommodation.

UC position
UC housing costs are payable for one property only. As Mr B continues to occupy and remains liable for rent at his normal home, for UC purposes, costs are met for the permanent address. The licence fee for temporary accommodation is not covered.

Scenario 3 – Extended decant
Ms C is decanted following fire damage. Repairs extend beyond the anticipated three-month period, due to technical and contractor delays, but Ms C intends to return and remains liable for rent at the original property.

UC position
Unlike other parts of the “temporary absence” rules, there is no fixed time limit. If the intention is to return and the liability remains, UC housing costs continue for the original property. Alternatively, if the original tenancy is surrendered or a return to the home is no longer intended, entitlement stops in the relevant Benefits Assessment Period in which the decision is made.  In such a case, it’s up to the claimant to report the change in circumstances immediately. That same obligation applies to the landlord when Direct Payments are being made to the landlord.

Do the same rules apply to private sector tenancies?

Yes, the same principles apply regardless of whether the landlord is a housing association, private, voluntary, or charitable body. UC continuing entitlement depends on occupation, the rent liability, and the “temporary” nature of the absence, not the landlord’s status.

I hope using the examples helps explain the situation. That’s certainly the view of several of our clients who provide regualr feedback.

If you do have any questions, email bill@@ucadvice.co.uk or phone 07733 080 389.

Regards

Bill Irvine

UC Advice & Advocacy Ltd.