Managing Housing Benefit Claims in Supported Housing | Part E: Tools and Appendices
This appendix provides a model local protocol, or memorandum of understanding, between a council’s Housing Benefit team, its other teams and the supported housing providers in its area. It puts Chapter 17 into practice and draws together the templates in Appendices 4 to 11. It has six parts:
- Part A: the model protocol
- Part B: schedule of timescales
- Part C: schedule of named contacts
- Part D: provider sign-up statement
- Part E: model tenant authority
- Part F: annual review checklist
What a protocol can and cannot do.
| A protocol can | A protocol cannot |
|---|---|
| Make requests for information clearer, earlier and more consistent | Extend what the council can require beyond what is “reasonably required” (regulation 86(1); Chapter 12) |
| Settle in advance what evidence the council will want to see for a scheme | Bind the council on a particular claim, which must be decided on its own facts (DWP guidance, para 210) |
| Set target times and named contacts | Change the statutory time limits for decisions, revisions and appeals |
| Provide an escalation route for disagreements | Replace the rights to a revision and an appeal (Chapter 20) |
| Say what information is shared, why and how | Override data protection law (Chapter 12, 12.6; Appendix 13) |
| Adopt shared reference points, such as this manual | Add conditions of entitlement, such as minimum support hours or a requirement that every scheme is commissioned (Chapter 16) |
SHP’s position. A protocol is the clearest way for a council and its providers to commit to non-adversarial working. It should be short, practical and agreed with providers, not imposed on them. Both sides should be able to point to it when things go wrong, and both should review it each year.
Using the model. Text in [square brackets] is to be completed or deleted. Clauses can be shortened or merged to suit local arrangements. In two-tier areas, the county council should be a party (DWP guidance, paras 149 and 209). The protocol is not intended to be legally binding, and should say so.
Part A: Model protocol
[Council name] Supported Housing Benefit Protocol
Version: [number] | Agreed: [date] | Review date: [date, 12 months later]
1. Parties
1.1 This protocol is agreed between:
- [Council name], through its Housing Benefit, commissioning, housing options and homelessness, and [supported housing strategy and licensing] teams
- [County council name], through its adult social care, children’s services and commissioning teams [two-tier areas only]
- the supported housing providers that sign the statement in Part D
2. Purpose and shared aims
2.1 The purpose of this protocol is to support timely, consistent and lawful Housing Benefit decisions on claims from tenants of supported housing in [area], and to make the process as simple as possible for tenants, providers and the council.
2.2 The parties share these aims:
- tenants who are secure in a home that meets their needs, with the support they need to keep it
- public money that pays for real services at a reasonable cost
- good providers who can plan ahead, invest in their schemes and stay viable
- poor practice that is identified and dealt with, so that it does not harm tenants or the reputation of the sector
- decisions that are timely, consistent, well-reasoned and right first time
3. Principles
3.1 The parties will work together in a non-adversarial way. Decision making is “a co-operative process of investigation” in which the council asks for what it needs and the claimant, usually through the provider, supplies what they reasonably can (Kerr v Department for Social Development [2004] UKHL 23, para 62).
3.2 The council will ask only for information that is reasonably required to decide entitlement, will use information it already holds or can obtain from public sources first, and will explain why each item is needed (regulation 86(1); Appendix 9).
3.3 Providers will answer requests fully and promptly, say clearly where information does not exist, and raise concerns early.
3.4 Each claim will be decided on its own facts. Scheme-level findings will be recorded once on the scheme file and applied to each claim, without asking for the same evidence again.
3.5 The parties adopt [the SHP HB Supported Housing Good Practice Manual / relevant chapters] as a shared reference point for the law and good practice, and will apply the law where any guidance differs from it.
3.6 Nothing in this protocol affects any person’s statutory rights, including the rights to ask for reasons, a revision or an appeal.
4. Status
4.1 This protocol is a statement of good practice. It is not legally binding and does not create conditions of Housing Benefit entitlement. It does not bind the council’s decision on any claim.
5. Roles and responsibilities
5.1 The parties’ roles are set out below.
| Party | Responsibilities under this protocol |
|---|---|
| Housing Benefit team | Decides claims; keeps the scheme file; makes proportionate requests; issues reasoned decisions; names a specialist contact |
| Commissioning | Shares information on commissioned services and how support is funded, so that providers are not asked for it twice (DWP guidance, para 160) |
| Housing options and homelessness | Makes referrals within the agreed referrals framework, including under any strategy for moving households from temporary accommodation into supported exempt accommodation |
| Adult social care and children’s services | Shares assessments and care information where lawful and needed; takes part in safeguarding |
| Strategy and licensing lead | Uses Housing Benefit information in the supported housing strategy review; plans the link between licensing and Housing Benefit (Supported Housing (Regulatory Oversight) Act 2023, section 2) |
| Providers | Keep the scheme evidence pack up to date; work within the referrals framework; assess needs and keep proportionate records; obtain tenants’ written authority; name a contact for each scheme |
6. New schemes and significant changes
6.1 A provider planning a new scheme, or a significant change to an existing one, will contact the Housing Benefit contact before tenants move in and share a draft scheme evidence pack (Appendix 4).
6.2 The council will give an early view on the pack and on any further evidence it is likely to need, within the time in Part B. An early view is not a decision on entitlement. Where the scheme opens as described, the council will not reopen points it has accepted without a reason.
6.3 A significant change includes a change of landlord, lease, owner, service model, staffing model or client group, or a rent increase above [x]%.
7. Scheme evidence
7.1 The council will keep a scheme file for each scheme, recording the evidence held, the findings made and the reasons (Chapter 13).
7.2 Scheme evidence will be provided once, then reviewed each year or when something changes. The annual review will ask only for what has changed, using Appendix 4.
7.3 Rents and service charges will be set out in the format in Appendix 8.
8. Claimant evidence
8.1 For each new claim, the provider will supply the core documents in Appendix 5: the tenancy or licence, the referral, the needs assessment, the support plan and the tenant’s written authority.
8.2 Evidence that support is delivered will normally be a summary activity record (Appendix 7) and plan reviews. Full case notes will not normally be requested.
9. Referrals
9.1 Referrals will be made through the council-approved referrals framework at [link or reference].
9.2 Referrals from housing options are appropriate for homeless people with additional needs, including under [the council’s temporary accommodation to exempt accommodation strategy].
9.3 Self-referrals are accepted only in emergencies, or where a “hard to reach” group will not engage with statutory services, and only from providers working within this referrals framework. The provider will notify [team] within [x] working days and complete a needs assessment.
10. Requests for information
10.1 Requests will follow the model in Appendix 9, name the decision to be made, say what the council already holds, give reasons and allow at least one month.
10.2 All the questions on a claim or scheme will be put in one request where possible.
10.3 A provider that needs more time will ask before the deadline and say why.
11. Decisions and notifications
11.1 Decisions will be notified to each tenant, with reasons and appeal rights, following the model in Appendix 10.
11.2 A copy will be sent to the provider where the tenant has given written authority (Part E). Scheme-level reasons may be set out in a common schedule, which will contain no personal information about any individual tenant.
11.3 For significant scheme-level issues, the council will send a “minded to” letter and allow two weeks for comments before deciding (Chapter 19, 19.1).
11.4 Suspension will be used only where justified, limited to the part and the claims affected, and for the shortest time (Chapter 18).
12. Information sharing
12.1 Personal data will be shared between the parties only for the purposes in this protocol, on a lawful basis and limited to what is necessary, as set out in the data sharing agreement at Appendix 13.
13. Visits
13.1 Housing Benefit visits to schemes will normally be arranged with at least five working days’ notice, confirmed in writing, with the purpose, the areas to be seen and any tenants who have agreed to meet (Chapter 22). Housing Benefit visits are voluntary and will not be made unannounced. Unannounced visits are for bodies with powers to make them, such as environmental health where the law allows.
14. Named contacts and provider forum
14.1 Each party will name a contact and a deputy, listed in Part C, and will update the list when they change.
14.2 The council will hold a provider forum [quarterly] to explain its approach, share changes in law and guidance and hear common problems. Individual claims and personal data will not be discussed at the forum.
15. Resolving disagreements
15.1 Where the parties disagree about a scheme or claim, they will use these stages, within the times in Part B:
- Officer to officer: the named contacts discuss the point and the evidence
- Specialist review: a team leader or specialist officer reviews the point with the provider’s manager
- Service manager meeting: the Housing Benefit manager and the provider’s senior manager meet, with commissioning or housing colleagues where relevant
- Formal routes: the council makes or confirms its decision with reasons, and the tenant can ask for a revision or appeal
15.2 Informal discussion does not stop the statutory time limits. Where a decision has been made, the tenant or provider will ask for a revision within time and say that discussions are continuing.
15.3 Agreed outcomes will be recorded on the scheme file, so the same point is not argued again.
16. Concerns about a scheme
16.1 Where the council has concerns that a scheme may have been set up to take advantage of the Housing Benefit scheme, it will use the indicators in Appendix 11, put its concerns to the provider and tenants, and involve housing options and commissioners before any refusal takes effect.
16.2 Any party with a safeguarding concern will follow [the local safeguarding procedures] straight away. This protocol does not delay safeguarding action.
17. Monitoring and review
17.1 The parties will review this protocol each year, using Part F, and publish the updated version.
18. Signatures
| Party | Name and role | Signature | Date |
|---|---|---|---|
| [Council] Housing Benefit | |||
| [Council] Commissioning | |||
| [Council] Housing options | |||
| [County council] [two-tier areas] |
Providers sign up using Part D.
Part B: Schedule of timescales
Timescales marked “Law” are statutory. Those marked “SHP advice” are suggested targets that can be adjusted locally.
| Step | Timescale | Basis |
|---|---|---|
| Acknowledge contact about a new scheme | 5 working days | SHP advice |
| Early view on a draft scheme evidence pack | 20 working days | SHP advice |
| Provider response to an information request | At least one month, or longer where reasonable | Law: regulation 86(1) |
| Decide a claim | Within 14 days of having the information needed, or as soon as reasonably practicable | Law: regulation 89(2) |
| Payment on account of a rent allowance | Where a claim cannot be decided within 14 days, unless the claimant has failed without good cause to provide information | Law: regulation 93 |
| Notify a decision on a claim | Forthwith, or as soon as reasonably practicable | Law: regulation 90(1) |
| Written statement of reasons | Within 14 days of the request, or as soon as reasonably practicable | Law: regulation 90; Decisions and Appeals Regulations 2001, regulation 10 |
| Comments on a “minded to” letter | Two weeks | SHP advice |
| Restore payment after a suspension is resolved | So far as practicable, within 14 days | Law: Decisions and Appeals Regulations 2001, regulations 12 and 13(5) |
| Each informal escalation stage | 10 working days | SHP advice |
| Notice of a Housing Benefit visit | At least 5 working days | SHP advice |
| Annual scheme review | Each year, on the anniversary of the scheme file | SHP advice |
| Provider forum | [Quarterly] | Local choice |
| Protocol review | Each year | SHP advice |
Part C: Schedule of named contacts
| Party | Contact and role | Deputy | Telephone and email |
|---|---|---|---|
| Housing Benefit, supported housing | |||
| Housing Benefit, team leader (escalation stage 2) | |||
| Housing Benefit, service manager (escalation stage 3) | |||
| Commissioning | |||
| Housing options | |||
| Adult social care | |||
| Strategy and licensing | |||
| [Provider name] |
Part D: Provider sign-up statement
“[Provider name] has read the [Council name] Supported Housing Benefit Protocol, version [number], and agrees to work in line with it. We will keep our scheme evidence pack up to date, work within the council’s referrals framework, obtain our tenants’ written authority, respond to reasonable requests within the agreed times, and raise concerns early through the named contacts. We understand that the protocol does not affect any tenant’s statutory rights, and does not bind the council’s decision on any claim.”
| Field | Entry |
|---|---|
| Provider name and registration | |
| Schemes covered | |
| Named contact and deputy | |
| Signed by, role and date |
Part E: Model tenant authority
Providers should ask tenants to complete this at sign-up, explain it in plain language and review it when circumstances change (Chapter 19, 19.3). It does not make the provider a “person affected”; the tenant remains the claimant and the appellant.
“I, [tenant name], of [address], give [provider name] permission to:
- give the council information and evidence for my Housing Benefit claim
- receive copies of letters and decisions about my Housing Benefit claim
- ask the council for reasons, or to look at a decision again, on my behalf
- help me to appeal, in my name
I understand that I can withdraw this permission at any time by telling [provider name] or the council. I understand that the council will use my information only for my Housing Benefit claim and as set out in its privacy notice.”
| Field | Entry |
|---|---|
| Tenant signature and date | |
| Appointee, attorney or deputy, if any | |
| Provider witness and date | |
| Review date |
Part F: Annual review checklist
| Question | Evidence | Findings |
|---|---|---|
| Are new claims decided within the Part B timescales? | Average and longest time to decide | |
| How many information requests were made, and how many repeated evidence already held? | Sample of requests | |
| How many payments on account and suspensions were made, and for how long? | Benefit system reports | |
| How many revisions and appeals were made, on what points, and with what outcome? | Revision and appeal log | |
| How many disagreements reached escalation stages 2 and 3, and were they resolved? | Escalation log | |
| Are scheme files and annual reviews up to date? | Scheme file audit (Chapter 22) | |
| Are named contacts and the referrals framework current? | Parts C and D | |
| Did the provider forum meet as planned, and what issues were raised? | Forum notes | |
| Has the law, guidance, licensing or the supported housing strategy changed? | Policy update | |
| What changes should be made to the protocol? | Agreed actions |
Previous: Appendix 11: Contrivance Risk Indicators Checklist
Next: Appendix 13: Data Sharing Agreement Template
This template is licensed under CC BY 4.0: you can adapt it, with credit to SHP. See Rights and licence. Supported Housing People Ltd, Version 1.0, October 2026.