Fears have been raised this week that Scottish councils could be left to foot the bill for housing nuisance tenants if Westminster approves proposed changes to the housing benefit system.
Last month's Department for Work and Pensions consultation paper, which outlined plans to cut the housing benefit of tenants who are considered antisocial, stated that "any benefit measures must be available to be applied throughout Great Britain".

Housing benefit is not a matter that has been devolved to the Scottish Executive. It remains the responsibility of the DWP and the UK parliament at Westminster – although the Scottish Executive has been granted control over antisocial behaviour and housing policy.

Any housing benefit change would be likely to conflict with the executive's landmark Homelessness Act (Scotland) 2003.

This act, which comes into force later this year, will make councils responsible for housing even intentionally homeless applicants. This would include those that had been evicted after losing housing benefit because of antisocial behaviour.

Nick Fletcher, policy officer at the Chartered Institute of Housing in Scotland, said: "Councils will be wondering who is going to pay. If a tenant loses their housing benefit and then presents himself as homeless, the council has to provide them with new accommodation and a short secure tenancy."

He added that making councils duty-bound to withhold housing benefit from antisocial tenants would represent a "complete disaster for Scottish housing policy".

The DWP consultation paper outlines two possible ways in which the housing benefit sanction could be imposed on nuisance tenants.

First, through the courts; or second, through local authority housing benefit departments. This latter option could result in councils having to house people they had only just evicted.

It is understood from sources within the sector that this bizarre situation could lead to councils being given the choice whether or not to impose benefit cuts.

According to the DWP, it would be for Scottish ministers – likely to be social justice minister Margaret Curran – to decide whether, and how, to proceed.

The deadline for responses to the consultation is 12 August.

Robert Alridge, director of the Scottish Council for Single Homeless, said: "Councils must be allowed discretion. Automatically withholding housing benefit will undermine the whole framework set up in Scotland to help people end antisocial behaviour."

A spokesperson for the Convention of Scottish Local Authorities, said: "We would be concerned if the outcome of the consultation exercise were to be the imposition of a UK 'solution' to antisocial behaviour which has a negative impact on … initiatives being developed in Scotland."

A spokeswoman for the Scottish Executive would only say that ministers welcomed the consultation paper's release.

Source

Housing Today