Housing benefit are paying the registered rent but are refusing to pay insurance and service charge. The tenancy states that these charges are in addition to the registered rent. If however, the charges were included, benefits would pay as the charges are for common parts etc and would be eligible for housing benefit. It is not possible for the charges to be included in the registered rent.
Can anyone help with the argument for paying above the registered rent? Should the claimant appeal and/ or request a discretionary payment. Thanks

It will have to be a DHP request, as HB cannot pay more than the registered rent. Bear in mind though, that DHP's arent intended to be a long term solution, and they come from a limited fund. As well as being discretionary.

Thank you for your reply

I will advise to claim a DHP but I have another similar cases where HB do pay the additional charges. This was agreed some years ago prior to appeal when caselaw was used to argue the claim. The caselaw related to both rent and service charges being considered as 'rent' but I cannot remember the case. If anyone can remember the case, please let me know.

I am afraid that DHPs won't work in a case like this. They can't be used to pay ineligible charges.

However, HB should be paying registered rent plus service charges (HB Reg 12b) unless the services charges are ineligible. From your post it does not look to me as though the service charges would be ineligible but more details would really be needed as to what they cover.

Actually, having looked at your post I would raise a word of caution, there appears to be a general belief that charges that would not normally be eligible for Benefit become eligible if they are for "communal areas".

I am afraid that this is not normally the case, certain charges, such as fuel charges and cleaning charges are made eligible by the regulations where they are for communal areas but other charges are not.

Another often misunderstood point is what is meant for communal areas, if the accommodation is not sheltered accommodation then only charges that relate to halls, stairways and passageways are eligible, not charges that relate to common rooms.

I don't think the issue is related to the type of charge - the issue is that the charge is in addition to the registered rent. The local housing benefit office have indicated that they would pay if the rent was re-registered to include the charge. Its not sheltered and there are no common rooms , just halls and staircases.

Not certain what the problem is then.
Just point the LA to reg 12(b) which itself points them to Reg 12(1) and in your case particularly Reg 12(1)(e)

Basically it says HB is payable on any "rent" and any "service charges payment of which is a condition on which the right to occupy the dwelling depends"