Rough sleepers and benefits

This will happen if the person who is claiming Income Support, Jobseeker's Allowance (income based) or Employment and Support Allowance (income related) is receiving an additional amount in her/his benefit because s/he is disabled or a pensioner; s/he will not receive this additional amount while s/he does not have any accommodation. [1] This issue has been brought before the courts on the basis that this contravened Human Rights legislation but the challenge was unsuccessful. This decision was confirmed by the House of Lords which dismissed a further appeal. [2]

Guidance from the Department of Work and Pensions states that 'accommodation' is shelter from the elements that is capable of being heated, and in which the occupants can sit, lie down, cook and eat, and that is reasonably suited for continuous accommodation. [3] This then would not include cardboard boxes, sleeping bags, bus shelters, or park benches. [4]

The accommodation may be moved from day to day, but the structure must be habitable. [5] Cars cannot be included as accommodation, [6] although a motor home suited to continuous occupation can be. [7]