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Top Housing Benefit & Council Tax Benefit topic #7379

Subject: "LHA for disabled sharers" First topic | Last topic
Nicola Wallace
                              

Welfare consultant - Housing benefit advice, Ecallawn Consultancy, London
Member since
06th Apr 2005

LHA for disabled sharers
Thu 30-Oct-08 03:44 PM

Can someone clarify if disabled sharers receive the usual shared room rate or the one bedroom rate? The website below appears to me to say that they get the one bedroom rate but the HB office involved, advised me the only group that receive a higher LHA award due to disability, were disabled people under 25. Is this correct?

https://lha-direct.therentservice.gov.uk/Secure/FAQ.aspx#SingleOver25
''Q. I am severely disabled. Which LHA rate applies to me?
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A. If you are severely disabled, or live with a severely disabled partner, and have no dependent children, your benefit will be based on the one bedroom Local Housing Allowance rate.''

  

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Replies to this topic
RE: LHA for disabled sharers, Scott, 31st Oct 2008, #1
RE: LHA for disabled sharers, Nicola Wallace, 31st Oct 2008, #2
      RE: LHA for disabled sharers, Scott, 31st Oct 2008, #3
           RE: LHA for disabled sharers, albar, 31st Oct 2008, #4

Scott
                              

Welfare Rights Worker, Leeds City Council, Welfare Rights Unit
Member since
26th Jun 2006

RE: LHA for disabled sharers
Fri 31-Oct-08 07:29 AM

The one room rate should apply and not the shared room rate. Age does not matter if they are severely disabled.

I would refer them to their own guidance.

The Housing Benefit Local Housing Allowance Guidance Manual states the following;

2.52 Care Leavers under 22 years and Single Claimants (under 25 and over 25) with severe disability premium included in benefit assessment
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Severely disabled claimants or those living with a severely disabled partner (who have the Severe Disability Premium included in their benefit assessment), and have no dependent children, will also have their benefit entitlement based on the one bedroom LHA rate whether or not they share accommodation and regardless of its size.

  

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Nicola Wallace
                              

Welfare consultant - Housing benefit advice, Ecallawn Consultancy, London
Member since
06th Apr 2005

RE: LHA for disabled sharers
Fri 31-Oct-08 07:35 AM

Thank you very much for this. Really helpful. I just wonder how many councils are aware that disabled sharers qualify for the one bedroom rate - in the case I am working on, they have been paying a discretionary housing payment instead.

  

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Scott
                              

Welfare Rights Worker, Leeds City Council, Welfare Rights Unit
Member since
26th Jun 2006

RE: LHA for disabled sharers
Fri 31-Oct-08 08:54 AM

Our local authority is aware but the difficulty is in identifying those who would qualify but are on a passported benefit. i.e. if on Income Support, it is not obvious that they meet the severely disabled criteria.

  

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albar
                              

Social Policy Coordinator, CAB Service in Three Rivers
Member since
20th Sep 2006

RE: LHA for disabled sharers
Fri 31-Oct-08 10:56 AM

It is well worth pursuing your local HB department for single clients who qualify for the severe disability premium, and hence the one bedroom LHA rate, although they are still likely to get caught by the rule that LHA actually paid cannot be more than £15 pw above the actual rent. We had a client in this position who was on HB but paying £20 pw above the shared accommodation rate for shared accommodation which suited his particular needs very well. Initially the HB department said that, as a single person, he could only be paid the shared accommodation rate, but when we asked them to look again at the regs, they agreed he qualifies for the one bedroom rate. He then broke his claim (which was pre LHA) for a week and now gets £35 a week more, £15 of which is above what he actually pays.

  

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Top Housing Benefit & Council Tax Benefit topic #7379First topic | Last topic