Managing Housing Benefit Claims in Supported Housing | Introduction
How the manual is organised
The manual is in five parts:
- Part A: The Legal and Policy Framework explains the legislation, the DWP guidance and the wider policy context, including the Supported Housing (Regulatory Oversight) Act 2023.
- Part B: The Case Law works through the main questions topic by topic: the qualifying landlord, care, support or supervision, intensive housing management, “more than minimal”, service charges, rent reasonableness and contrivance.
- Part C: Evidencing Claims explains what evidence it is reasonable for a council to ask for and for a provider to supply, at scheme level and for each claimant.
- Part D: Process and Practice covers partnership working, the stages of a claim, decision letters, reviews and appeals, overpayments and quality assurance.
- Part E: Tools and Appendices provides checklists, templates, model letters, a table of cases and extracts from the legislation.
You don’t need to read the manual from start to finish. Each chapter is written to be read on its own, with cross-references to related chapters. If you are new to supported housing claims, we recommend reading Part A and Chapter 4 first. The table in “Who This Manual Is For” suggests where other readers should start.
How each chapter is set out
Each chapter follows the same pattern so that readers can find what they need quickly:
- In brief: a short summary of the main points.
- The law: what the legislation and case law require, with the source for each point.
- The guidance: what the DWP guidance on supported housing says, with paragraph numbers.
- Good practice: SHP’s recommendations for councils and providers.
- Evidence: what it is reasonable to ask for and to provide on the topic.
- Finding common ground: where councils and providers most often misunderstand each other, and how to resolve points at issue.
- Key cases and cross-references: the main decisions on the topic and the related chapters and appendices.
Not every chapter needs every heading, but the order is always the same.
The law, the guidance and good practice
The manual keeps three kinds of content separate, because they carry different weight:
| Label | What it means | Weight |
|---|---|---|
| The law | What the legislation and the case law require | Decision-makers must follow it |
| The guidance | What the DWP guidance on supported housing says | Decision-makers should take it into account, but it cannot override the law |
| Good practice | SHP’s recommendations for working effectively | Not binding, but based on what works in practice |
Where the guidance and the case law differ, the manual says so and explains which applies. The case law always takes precedence. Chapter 3 explains how decision-makers should approach those points.
Throughout, the manual states SHP’s position, as explained in “Our Approach”. Where the law is clear, we state it plainly. We don’t set out counterarguments against settled law.
How cases and legislation are cited
Cases are cited in the form most readers will recognise, so that they can be found and checked:
- Upper Tribunal decisions by name and neutral citation, for example Bristol City Council v AW [2009] UKUT 109 (AAC)
- Reported decisions by their R(H) or AACR reference, for example R(H) 7/07 or [2017] AACR 8
- Commissioners’ decisions by file number, for example CH/3528/2006
- Court judgments by name and neutral citation, for example Birmingham City Council v SS and SA [2016] EWCA Civ 1211
Where a case is known by more than one reference, the manual gives the main ones. The full list is in the table of cases in Appendix 1, with links where a published copy is available. Chapter 4 explains which decisions are binding and how to apply them.
Legislation is referred to in short form after it is first cited in full. In particular:
- “the HB Regulations” means the Housing Benefit Regulations 2006
- “the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006
- “alternative reg 12”, “alternative reg 13” and “alternative reg 13ZA” mean the versions of those regulations that still apply to exempt accommodation, set out in Schedule 3 paragraph 5 of the Consequential Provisions Regulations
- “the DWP guidance” means the DWP’s Housing Benefit guidance for supported housing claims
Terms used in the manual
- Council means the local authority administering Housing Benefit.
- Provider means the landlord, and anyone acting on the landlord’s behalf, unless the text says otherwise.
- Claimant and tenant both mean the person claiming Housing Benefit. “Tenant” includes a licensee.
- CSS means care, support or supervision.
- IHM means intensive housing management.
The glossary that follows explains all other terms and abbreviations.
Using the manual in practice
Councils can use the manual to:
- write or review local policy and procedures for supported housing claims
- train new and existing staff
- frame information requests that are clear and proportionate
- give reasons in decision letters by referring to the relevant law and guidance
Providers can use the manual to:
- prepare scheme submissions and rent build-ups before approaching a council
- understand why a council is asking for particular information
- respond to queries and decisions with reference to the relevant law and guidance
- train staff on keeping records that show the services they provide
Councils and providers together can use the manual to:
- agree a local protocol or memorandum of understanding (Appendix 12 provides a model)
- agree at the start which evidence will be provided, when, and in what form
- settle points at issue by turning to the same chapter, guidance paragraph and case
- narrow the issues if a point does need to go to a tribunal
Using the appendices
The checklists, templates and model letters in Part E are starting points. Councils and providers should adapt them to local arrangements and to the scheme in question, while keeping them consistent with the law explained in the main chapters. Where an appendix supports a chapter, the chapter says so.
Keeping the manual up to date
The law is stated as at the date shown on the cover. The case law and guidance in this area continue to develop, and the regulatory framework under the Supported Housing (Regulatory Oversight) Act 2023 is still being implemented. We will publish updates as the law changes and we will summarise important new decisions on supportedhousing.blog.
Before relying on a point in a decision or an appeal, check that it is still current. If you know of a decision or issue the manual should cover, please tell us.
This manual is not legal advice
The manual explains the law and good practice in general terms. Every Housing Benefit decision depends on its own facts. For advice on a particular case, councils should consult their legal services, and providers and tenants should seek independent advice.
Previous: Who This Manual Is For
Next: Glossary
This manual is licensed under CC BY-ND 4.0: you can share it freely, with credit to SHP, without changes. See Rights and licence. Supported Housing People Ltd, Version 1.0, October 2026.