GHN Has Prepared This Briefing for Its Members

GHN has prepared this briefing for its members:

Jobseeker’s Allowance (Homeless Claimants) Amendment Regulations 2014

If you would like to discuss this briefing further please contact Johanna Speirs on 0141 420 7272 or email

1.Introduction

The Department for Work and Pension (DWP) has amended the Jobseeker’s Allowance Regulations 1996 to enable claimants who have recently become homeless to be treated as available for, and actively seeking work for a temporary period, whilst they take reasonable steps to find living accommodation. This means that, at the discretion of their Job Centre Plus (JCP) Personal Advisor/Work Coach, someone who has recently become homeless will be exempt from facing sanctions, however they must prove to that they are taking steps to find ‘living accommodation’.

The full DWP Explanatory Memo can be found:

2.How is ‘Recently Homeless’ Defined?

The amendment does not set out a timescale for ‘recently homeless’, however it does state that:

“We would expect that in most situations “recently” will mean that the person has become homeless since their last attendance at a Jobcentre.”

As people are generally required to attend job centre appointments on a fortnightly basis it may be reasonable to expect that recently will mean ‘in the last two weeks’.

3.Who is exempt?

The amendment is specifically focussed on easing conditions for two groupsof people, those who are rough sleeping and those in direct access hostels. The amendment states that it is people in these circumstances who are unlikely to have access to washing facilities, clean clothing and reliable means of communication, therefore it is unlikely they will be able to obtain or sustain work. Again, JCP staff have discretion to assess circumstances on a case-by-case basis.

4.How long will the exemption last?

There are no timescales set out; again this is at the discretion of JCP staff, although the DWP define an emergency as ‘naturally of limited duration’. The decision makers guidance will make clear that the exemption must be for a ‘temporary period and only warranted by the claimant’s circumstances’.

5.What is classed as ‘Living Accommodation’?

Living Accommodation isn’t defined within the Regulations, however the DWP use the term ‘living accommodation’ to refer to accommodation that is intended for that purpose and gives the resident 24 hour access to the premises.

6.What about people living in other types of homelessness accommodation?

The Regulations state that lengthy consideration was given to exempting people who currently live in bed and breakfast accommodation, however they were not included in the exemption as it was concluded that:

‘…those living in this type of temporary accommodation had access to essentials such as food, clean clothing and a means of contact’.

7.Next Steps

GHN Welfare Reform Advisory Group has established a small Action Group to look at these regulations in greater detail and determine what actions, if any, we can take as a sector to:

a)Ensure service users and service providers are aware of the regulations.

b)Understand the protocols that exist between JCP and Glasgow City Council which will allow people to prove they have made an approach to for homelessness assistance.

c)Investigate how these exemptions may be further extended.

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