The four categories of specified accommodation
Exempt accommodation, managed properties, refuges and local authority hostels compared side by side, with who can be the landlord in each category.
Quick answer
Specified accommodation is the group of supported housing types where rent is paid through Housing Benefit, even for people on Universal Credit. There are four categories. Exempt accommodation, managed properties, domestic abuse refuges and local authority hostels. Each has its own tests for who the landlord can be and whether support is required.
The short version
- The four categories were set out in 2014 regulations so that supported housing could stay on Housing Benefit when Universal Credit arrived.
- Category 1, exempt accommodation, needs the landlord or someone acting for it to provide the support.
- Category 2, managed properties, lets the support come from anyone, but the resident must have been admitted to meet a support need.
- Category 3, refuges, has no support test. It covers non-permanent accommodation for people who have left home because of domestic abuse.
- Category 4 covers council-run hostels where the resident receives care, support or supervision.
In this guide
When Universal Credit started, the government had a problem. Supported housing costs more to run than ordinary housing, and the Universal Credit housing element was never designed to pay those costs. The fix, made by regulations in 2014, was to keep certain supported housing on Housing Benefit. The law calls that group "specified accommodation".
The four categories side by side
| Category 1: exempt accommodation | Category 2: managed property | Category 3: refuge | Category 4: local authority hostel | |
|---|---|---|---|---|
| Who can be the landlord | Housing association, registered charity, voluntary organisation, non-metropolitan county council | Housing association, registered charity, voluntary organisation, non-metropolitan county council | Local authority, or one of the category 2 bodies | Local authority |
| Is support required? | Yes, more than minimal | Yes | No | Yes |
| Who must provide the support | The landlord, or someone acting on its behalf | Anyone | Not applicable | Anyone |
| Extra condition | None | Resident was admitted to meet a need for care, support or supervision | Building used wholly or mainly as non-permanent accommodation for people who have left home because of domestic abuse | Non-self-contained, not a care home, with board or food preparation facilities |
| Rent rules | Older rent restriction rules, compared with suitable alternative accommodation | Standard Housing Benefit rules | Standard Housing Benefit rules | Standard Housing Benefit rules |
Category 1: exempt accommodation
This is the category most people mean when they talk about the sector, and the one under the most scrutiny. The landlord has to be one of the listed not-for-profit bodies or a county council, and that landlord, or someone acting for it, must provide care, support or supervision that is more than minimal. Our full guide to exempt accommodation covers each test.
The reason providers care so much about category 1 is the rent rules. Exempt accommodation keeps the rent restriction rules that applied before 1996, so the starting point is the actual rent, and a council can only cut it by showing it is unreasonably high against suitable alternative accommodation.
Category 2: managed properties
Managed properties are not-for-profit supported housing where the landlord does not provide the support itself. A common example is a housing association that owns a scheme for people with learning disabilities while a separate care company, commissioned by the council, provides the care.
Two conditions apply. The resident must have been admitted to the property to meet a need for care, support or supervision, and they must actually receive it. Who provides the support does not matter.
Category 3: domestic abuse refuges
Category 3 covers accommodation provided by a local authority or a not-for-profit body to someone who has left their home because of domestic abuse, where the building is used wholly or mainly as non-permanent accommodation for people in that situation. There is no requirement for the landlord to provide support, although almost every refuge does.
Dispersed refuge flats, sanctuary schemes and second-stage housing do not always fit this category neatly. Our guide to domestic abuse safe accommodation looks at the options.
Category 4: local authority hostels
Category 4 is for hostels run by councils. Leeds City Council's published guidance sets out the conditions most councils use. The accommodation is owned or managed by the local authority, is not self-contained, is not a care home, provides board or adequate food preparation facilities, and the resident receives more than minimal care, support or supervision.
What all four categories have in common
Every resident in specified accommodation claims help with rent through Housing Benefit from the council, even if Universal Credit covers the rest of their living costs. Two other rules follow:
- Housing Benefit paid for specified accommodation is left out of the benefit cap calculation, according to Shelter's practitioner guidance.
- The Universal Credit housing element is not paid for the same home, so a resident should not be claiming housing costs in both systems.
How to evidence your category
A council decides the category claim by claim, so the evidence has to be there for every resident, not only for the scheme. Keep these on file:
- Proof of the landlord's legal status.
- The occupancy agreement and any lease or management agreement behind it.
- For category 1, the agreement showing any separate support provider acts for the landlord.
- For category 2, the referral or allocation record showing why the resident was admitted.
- The needs assessment, support plan and records of support delivered.
If your evidence would only support category 2, it is better to know that before you set rents than to find out at review.
Your next step
Work out which category each of your schemes falls into, with the reasons written down.
Questions people ask
Why does the category matter if Housing Benefit pays the rent in all four?
The rules on how much rent can be paid differ. Category 1 keeps the older rent restriction rules, which give the most room for higher rents. The other categories use the standard Housing Benefit rules, so a rent that would be accepted as exempt accommodation may be cut back as a managed property.
Can one building be in two categories?
The category belongs to each resident's claim, so it is possible for residents in the same building to be assessed differently, for example if the support arrangements differ between flats. In practice most schemes aim for one consistent model.
Is a hostel run by a charity a local authority hostel?
No. Category 4 only covers hostels provided by a local authority. A charity-run hostel would usually be assessed as exempt accommodation or a managed property instead.
Does a refuge need to provide support to count as specified accommodation?
Not for category 3. The test is that the landlord is a local authority or one of the not-for-profit bodies, and the building is used wholly or mainly as non-permanent accommodation for people who have left home because of domestic abuse.
Sources
Primary legislation and official guidance come first. Where we rely on commentary, we say so.
- 1The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014 legislation.gov.uk
- 2Housing Benefit guidance for supported housing claims Department for Work and Pensions
- 3Supported housing and Housing Benefit Leeds City Council
- 4Benefit cap Shelter Legal England
SEA Audit
Category disputes cost months of rent
If a council reassesses a scheme from exempt accommodation to a managed property, the eligible rent can drop overnight. SEA Audit tests your structure and evidence against each category before that conversation happens.
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