I want to challenge the fact that a client, as a single, childless under 25 is only entitled to £50/week LHA. The client is bi-polar and therefore has a very good reason why they need to live in self-contained accommodation; they are also a f/t student and it is therefore a preferable option for them to live in University accommodation where they do not have to deal with utility bills and have wardens on site. Their LHA covers less than half their rent and they are in serious arrears. I have little experience of challenging benefits decisions and would like to know if anyone has had any success in this area, and if LHA would be challenged under the same rules as HB. Any tips?

Is your client entitled to the Severe Disablement Premium in the calcualtion of HB?

It might be worth requesting a discretionary housing payment on basis of mental health problems.

Hi

I have just looked up the LHA amount on the Leeds City Council website and it seems $50 a week is the full amount payable, this figure is set monthly by the Rent Officers. (I apologise if this is sketchy I do not work in a LHA area YET!!!! so looked it up out of interest).

From what I can find out LHA can be appealed in the same way as HB up to and including Tribunal etc.

But please bear in mind that the appeal about the amount of rent payable was made by asking for a redermination of the rent officers decision, and as I cannot find anything to the contary it may be the same for LHA,I have spoken to Leeds City Council who have said it cannot be appealed in this way, but I am not sure if this is the case. Any way this was always a risky move as it may reduce the amount of rent payable.

With regard to the Discretionary Housing Payment A person who is in receipt of a LHA payment can apply for a DHP, and this may be the best route although it will not be indefinite but you should due to the health issue have it paid until they finish college. (I am assuming that they are in halls of residence which may only last a year).

On the face of it, it is not looking very promising is there not a college benevolent fund you can ask for help or a grant making organisation? I believe if a grant was made and paid direct to the college for the top up of the rent this could be argued as not to be treated as income.

It would be interesting to hear from someone in a Pathfinder area, who can help clear up some of the anomalies that I cannot find an answer to, despite looking at 3 different information areas .

Please post the outcome will be interesting as I have no doubt we will be LHA areas in the future. Kim

Hi again

Was thinking about this last night, (3 kids and a cat, I obviously have nothing better to do!!!!!!!!!)

I note that you mention utilities are included in the rent, HB was never payable for utilities this was to be paid out of a persons income and was included in Income Support etc etc. I feel when looking at a DHP award The Benefits team would expect the person to pay these out of their income for living expenses and may if awarded reduce the DHP accordingly.

As you will need to complete an "outgoings" questionaire for the DHP, you should get a breakdown of what portion is rent and what portion is for utilities, warden etc.

Please bear in mind that DHP is not payable for non eligible service charges as defined by the HB regs.

I have looked at various information sites to see if there may be a discretion with regard to someone who may be entitled to DLA as with HB regs ( IE person under 25 exempt from Single Room reference rent). Can't find anything at the moment have phoned MASU to look as well. Will let you know.

Kim

Hi again

I obviously am having a very quiet period as I have time to look things up and make calls!!!!!!!

MASU have just got back to me and basically it as follows.

If the young person is in receipt of the Severe Disability Premium in their HB Calculation (receives Middle or higher rate of care DLA) AND has accommodation which includes the exclusive use of a room, a bathroom toilet kitchen etc, then they can get the higher 2 room rate which is 83.50 in leeds. But if the person only has a room and share the others parts they will get the shared accommodation rate regardless of the SDP.

Kim